If the Public Prosecution appeals a not-guilty verdict with no new evidence, will it stay the same?

A defense memorandum must be submitted to the Court of Appeal.

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Dear Inquirer,

Thank you for your message!

When a judgment of not guilty is issued due to lack of conclusive evidence and procedural flaws (such as absence of a translator), and the Public Prosecution appeals, the Court of Appeal will generally review the same evidence unless new material is submitted.

If the original judgment was based on clear legal reasoning and the evidence remains unchanged, there is a strong chance the verdict will be upheld. However, each case is unique, and outcomes depend on the strength of the appeal and court interpretation.

To assess your specific situation and prepare a proper legal strategy, we recommend booking a consultation or issuing a power of attorney to us.

The Appeals Court will re-examine both the legal application and the factual evidence of the case. They are not bound by the Court of First Instance's findings if they find errors.

The Appeal Court will review all evidence presented in the Court of First Instance. If new evidence is presented by either side (though less common in an appeal where the defendant was acquitted), it would also be considered.

The burden of proof remains on the Public Prosecution to prove guilt beyond a reasonable doubt. The Appeal Court will assess whether the prosecution met this burden.

If you need further clarification, you may ask us.

Based on your situation, if the Public Prosecutor appeals your husband's "not guilty" verdict in the misdemeanor case, there is a strong likelihood that the appeal court will uphold the original decision, provided that no new evidence is presented.

The initial court found that the evidence was insufficient, expressed doubt regarding the charges, and excluded the statements due to the absence of a translator, which violated fair trial rights.

As the case hinges on these procedural issues and the lack of conclusive evidence, unless the prosecution presents new compelling evidence or addresses the legal flaws, the appeal court is likely to affirm the acquittal.

I recommend discussing this to ensure they emphasize the key issues of evidence and procedural fairness in the appeal stage.

Hello,

If the misdemeanor court acquitted your husband due to lack of conclusive evidence and the absence of a translator, that’s a strong defense. When the Public Prosecution appeals, the verdict often remains the same if no new evidence is presented.

The absence of a translator is a serious procedural issue and may support upholding the acquittal. Usually, if the prosecution can't provide stronger proof, the appeal won’t change the original judgment.

If you want, I can help review the judgment and assist during the appeal process to protect your husband’s rights.

Let me know how you want to proceed.

It depends on whether the appeal court judges agree or disagree with the first court's decision.

Hello,

When an appeal is filed by the Public Prosecution (PP) after a not-guilty verdict in a misdemeanor court, the Appellate Court will review the case to determine whether the lower court’s decision was correct or should be modified.

However, the decision of the Appellate Court is not always predictable and depends on the specific details and evidence of the case.

If nothing new is presented in the appeal, and the issue raised by the original court regarding the lack of a translator and insufficient evidence remains unresolved, there is a strong chance the Appellate Court will uphold the original not-guilty verdict.

However, the Appellate Court still has the discretion to review the case fully and make a different decision, especially if it believes procedural fairness was not properly observed or that new evidence should be considered.