A post about appealing a conviction at Truro Crown Court

After The Trial

Community Peace Constables and attendees at Truro Crown Court

Susan Ledbury is a member of the Community Assembly of Camborne who appealed her conviction for travelling outside her local area during tier four lockdown restrictions.

Susan was convicted last year by magistrates sitting at Bodmin Magistrates’ Court and was fined £1,760 and told to pay a victim surcharge of £176 and costs of £90.

Susan travelled to Truro on March 7 2021 without reasonable excuse according to the police. At the time people living in England were only allowed to exercise once a day within their household or support bubble with one other person, and crucially in Susan’s case, within the local area.

On the day in question Susan was stopped by PC Morley in the Malpas Road area of Truro. PC Morley conducted a number of checks before he approached Susan which is illegal as he did not have just cause to do so. He then assumed Susan was guilty by ascertaining where Susan was living before issuing a fixed penalty notice that she didn’t pay which then ended up in court.

Susan told PC Morley she had travelled from Penzance to Truro for a walk. She said she was going for a walk with friends and didn’t consider herself bound by legislation restricting people’s movements at the time.

On Thursday 2 February, Susan was joined by an army of supporters at Truro Crown Court to appeal her conviction. Speaking on behalf of Susan was Marc Horn who argued there was no legal authority to fine her and that there was no evidence that COVID was transmissible from a sick person to a healthy person. He said that the legislation that resulted in the fine was invalid.

After considering submissions, Judge Robert Linford spoke of Susan's initial sentence, saying she appealed it arguing that the offence as charged, and the legislation that gave rise to it, were invalid. Judge Linford said the circumstances of the day in question were not in dispute and that Susan didn’t consider herself subject by the governing legislation.

Judge Linford said “ at the time of PC Morley’s interaction with Ms Ledbury there were rules in force ” preventing people from travelling to different areas without reasonable excuse. He added: “ Ms Ledbury doesn’t dispute she was out of her property and didn’t give evidence and put forward a reasonable excuse. She relied on the legitimacy of the relevant legislation and has deeply held beliefs regarding the legitimacy of it. But these views are utterly irrelevant. We simply must apply the law as directed.”

Judge Linford commended Marc’s well-articulated arguments before dismissing the appeal.

Judge Linford did however make a huge amendment to the fine, reducing it by over £1,000, saying it was “ out of all proportion ”. In an effort to do justice, Judge Linford reduced the fine to £200 which Susan had to pay immediately together with a £32 victim surcharge and costs of £90.

Community Peace Constables, Ian Welch (pictured left above) and John Gilbert (pictured right above) were in attendance, acting as Court Auditors. Their findings were as follows:-

Judge Linford stated that the law must be applied as directed, however, there was no law to apply.
The rules that he quotes were simply government guidelines and not subject to the rule of law.
The Act which was stated is simply that, an act, and is binding on only those who have signed up to the act.
At the time people living in England were only allowed to exercise within their local area but there was no definition given for what was considered a local area and these were guidelines only.
No mention was made of PC Morley who left Susan covered in bruises. This was most certainly an assault which was recorded but omitted in court.
Judge Linford knew full well that he was acting unlawfully in passing the judgement that he did and it has been noted.

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