Adrian Eissa succeeds in quashing robbery conviction
Instructed by McGrath and Co, Adrian Eissa was instructed to conduct the Appeal by way of Case Stated in the High Court (Admin Court). In quashing the conviction, the Court agreed with Mr Eissa’s submission that the lower court erred in law in rejecting a submission of no case to answer, because there were, on the facts, other realistic possibilities consistent with innocence. The court also agreed with the submission that the lower court was wrong to draw an adverse inference from the appellant’s silence in interview pursuant to s34(2)(d) of the Criminal Justice and Public Order Act 1994. Lastly, the court agreed that similar fact arguments deployed by the prosecution by way of response to the appeal, were insufficient to uphold the conviction.
The case is reported as AB v CPS  EWHC 2963 (Admin)