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David Emanuel QC obtains leave to appeal 18 years out of time in successful appeal against conviction and sentence

Thursday 1 April 2021

David Emanuel QC of the Garden Court Chambers Criminal Defence Team represented the Defendant.

David was instructed by Correna Platt of Stephensons Solicitors.

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The Defendant was convicted in 2002 of section 18 GBH for shaking his baby son. The child tragically died 14 years later, leading to a murder charge which came to trial in 2020. The Defendant was acquitted of murder having pleaded guilty to manslaughter.

At the Court of Appeal David successfully argued that the original conviction was unsafe on the basis of fresh medical evidence which demonstrated that the expert evidence relied on at trial had been discredited. In addition, David persuaded the Court that the three year prison sentence imposed for the offence of manslaughter, 19 years after the original assault, was manifestly excessive.

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