Wednesday, February 8, 2012

The #TwitterJokeTrial Appeal

By David Allen Green

This case became notorious in part as a result of my “Bad Law” post here at The Lawyer back in March 2010.   Now that I have now switched from being a legal blogger writing about the case to being the appellant’s solicitor (I happen to be a practising solicitor as well as a journalist) I am not able to write about the case as freely as I otherwise would do.

There are certain aspects of the case which are of interest to anyone with an interest in the relationship between social media and the criminal law.  The appeal is by way of “case stated”.  This means that there is no appeal of fact, and indeed the facts are agreed.  Nor is this an appeal against sentence.  The fine of £400 plus costs (now around £3400) - and the criminal record - will still stand unless the conviction is overturned.  The appeal is entirely on points of more