Carolina Guiloff and Michael Neofytou succeed in an appeal against conviction.

The appellants had appealed a conviction for conspiring to assist unlawful immigration to a member state. The all day appeal, presided over by Holroyde LJ, Mrs Jusitce Farbey DBE and the Recorder of Liverpool, HHJ Goldstone QC agreed with their submissions that there had been a material irregularity in the trial. The trial judge had joined an absent defendant to the conspiracy and tried him in his absence despite him having implicated the appellants in interview by claiming duress. Duress was withdrawn before speeches but the judge refused to discharge the jury. The Court of Appeal found that there was "considerable force" in the submissions of CG and MN and held that the judge should have acceded to counsels' submissions first on  severance, and secondly on discharge.  The convictions were unsafe and were quashed. Carolina was instructed by Aaron Watson-Weinberg of the Johnson Partnership and Michael by Andrew Stewart of JD Spicer.


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