Sheppard & Anor, R v, Court of Appeal - Criminal Division, January 29, 2010, [2010] EWCA Crim 65

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Sheppard & Anor, R v, Court of Appeal - Criminal Division, January 29, 2010, [2010] EWCA Crim 65

Case No: 2008.04402 B5

2009.04021 B5

2009.04020 B5

2008.04486 B5

2009.00658 B5

Neutral Citation Number: [2010] EWCA Crim 65

IN THE HIGH COURT OF JUSTICE

COURT OF APPEAL (CRIMINAL DIVISION)

ON APPEAL FROM THE CROWN COURT AT LEEDS

HHJ GRANT

2009.04020b5*1

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 29/01/2010

Before:

LORD JUSTICE SCOTT BAKER

MR JUSTICE PENRY-DAVEY

and

MR JUSTICE CRANSTON

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Between:

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Mr. A. DAVIES (instructed by Williamsons, Hull) for the Appellant Sheppard

Mrs L. TURNBULL (instructed by Payne & Payne, Hull) for the Appellant Whittle

Mr J. SANIDFORD and Ms. Denise BREEN-LAWTON for the Respondent

Hearing dates: 26 and 27 November 2009

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JudgmentLord Justice Scott Baker:

1. These two appellants appeal with the leave of the full court against their convictions for a number of offences relating to racially inflammatory material under the Public Order Act 1986 (``The 1986 Act'') The Registrar referred their sentence applications to this court.

2. The history of the proceedings is, in brief, as follows. On 11 July 2008 in the Crown Court at Leeds before Judge Grant and a jury Whittle was convicted of four counts of publishing racially inflammatory material (counts 4, 5, 7 and 8). Sheppard was convicted of 9 counts of publishing racially inflammatory material (counts 4, 5, 7, 8, 9, 12, 13, 14 and 15).

3. They then left the jurisdiction and went to the United States of America where they claimed asylum. The trial continued in their absence. On 14 July 2005 Whittle was convicted by a majority of 10...

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