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Shekyena, instructed by SMQ Solicitors, successfully appealed against a conviction and sentence for the offences of failing to provide a specimen and failing to cooperate with a preliminary test.
The client, a taxi driver with a young family that solely relied on him, was originally convicted for both offences and received a suspended sentence and 29 month disqualification.
For the appeal, Shekyena identified case law to support the client’s case that his limited English amounted to a reasonable excuse.
On the day of the appeal, the court sought to adjourn the matter due to the absence of prosecution counsel. Shekyena robustly opposed the application to adjourn and drew the court’s attention to the catalogue of failures by the CPS and their agents, as well as the relevant case law. The court were persuaded to refuse the adjournment and consequently allowed the appeal.
Shekyena was instructed by Richard Demczak of SMQ Solicitors.
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