Criminal Conviction overturned for failing to comply with the law of freedom of speech


The Court of Appeal has allowed the appeal of Thomas Casserly against conviction for an offence contrary to Section 1 of the Malicious Communications Act 1988 based on an email written to local councillors concerning a political dispute. The Court has given guidance on directing juries on the enhanced right to political free speech under the common law and Article 10 ECHR. This is the first time the Court of Appeal has ruled on a defence of that nature under this provision.

Danny Friedman KC appeared for the Appellant instructed by Raj Chada of Hodge Jones and Allen.

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