Maciejczyk, R v, Court of Appeal - Criminal Division, October 25, 2018, [2018] EWCA Crim 2665

Resolution Date:October 25, 2018
Issuing Organization:Criminal Division
Actores:Maciejczyk, R v
 
FREE EXCERPT

SMITH BERNAL WORDWAVE

No: 201802674/B1

Neutral Citation Number: [2018] EWCA Crim 2665

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Thursday 25 October 2018

B e f o r e:

LADY JUSTICE MACUR DBE

MR JUSTICE GOOSE

THE RECORDER OF PRESTON

HIS HONOUR JUDGE MARK BROWN

(Sitting as a Judge of the CACD)

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R E G I N A

v

DAMIAN MACIEJCZYK

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Computer Aided Transcript of the Stenograph Notes of Epiq Europe Ltd 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)

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Non-Counsel Application

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JUDGMENTThis transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

WARNING: Reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

  1. MR JUSTICE GOOSE: This is an application for leave to appeal against conviction by Damian Maciejczyk, aged 21, from the Crown Court at Liverpool. The application has been referred to the full court by the Registrar. The applicant's conviction was upon an amended indictment adding count 3, described as living on prostitution, contrary to section 30(1) of the Sexual Offences Act 1956. After the applicant's plea of guilty he was sentenced to four months' imprisonment.

  2. We have considered the grounds of appeal and the Respondent's Notice and, for the reasons which we shall explain we grant leave and allow this appeal.

  3. The applicant was arrested in November 2017 whilst driving a vehicle in the West Midlands and after being stopped by the police. On searching the vehicle mobile telephones displayed messages which linked...

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