Back in December it was reported that a man had been found guilty of wildlife crimes against a badger and red kites in Wales (see here).
Dewi James Price, 39, of Commercial Street, New Tredegar, Caerphilly, faced a potential custodial sentence and the sentencing hearing was due to take place at Cardiff Crown Court on 23 December 2020.
[Photo of a red kite by Gareth Scanlon]
However, it has since been reported that sentencing was delayed after Price’s lawyer told the judge that her client wanted to appeal the convictions. Apparently the court adjourned the hearing until 8th January 2021.
This seems a bit odd. Has anybody heard of sentencing being delayed in these circumstances before? Sure, appeals against convictions are common and are an important part of the judicial process, but don’t these appeals usually come after sentencing, not before?
Here’s a copy of the news report from Powys County Times:
Man convicted of killing Builth Wells badger to appeal
By Iwan Gabe Davies (23 Dec 2020)
A MAN found guilty after a trial of hunting and killing a badger is to appeal against his conviction.
Dewi Price, 39, of Commercial Street, New Tredegar, Caerphilly, was also found guilty of offences against red kites.
He was convicted in his absence at Newport Magistrates’ Court.
Price was found guilty of killing a badger in the Builth Wells area of Powys on February 18, 2018.
The defendant was also convicted of taking a red kite in Gelligaer, Caerphilly, on May 19, 2019.
He was also found guilty of intentionally or recklessly disturbing a red kite while it was in, on or near a nest containing eggs or young and of intentionally or recklessly disturbing the dependent young of a red kite.
Price had been due to be sentenced at Cardiff Crown Court but Judge Michael Fitton QC was told by the defendant’s barrister Rosamund Rutter that her client wanted to appeal against his conviction.
The case was adjourned until January 8.
Price was granted conditional bail.
ENDS
UPDATE 13th February 2022: Badger killer and red kite chick thief avoids prison (here)
Raptor Persecution UK 
Actually I think this is probably correct. Someone found guilty of committing a crime, whatever that crime happened to be, has a right to appeal. An appeal is usually lodged after the event, but obviously the judge decided to hear the appeal prior to sentencing. It may however not change the outcome.
It is one reason why these wildlife crimes continue , because they are allowed to ‘ get away with ‘ their offences with minimum punishment , or as in this case appeal against even going to court . Don’t these creatures matter ? This is ‘ injustice ‘ .
Hi Rosemary,
I think your accusation of this being an ‘injustice’ is a bit premature. We’ve yet to hear the sentence. I’m simply questioning the process involved in getting to the sentencing stage.
Surely this “person” is appealing against the conviction not any sentence he may get so if there is
fresh evidence to not convict him he cannot really be sent down but it does all sound nonsense and if he is to get a custodial sentence he should not have got bail in the first place he should have been remanded in custody. These people are complete out of touch nitwits . Is the judge a hunting fan ?
A suggestion perhaps of someone else being involved. Speculation, but is there a possibility he’s not prepared to accept a heavy sentence for something someone else has either employed him to do or has been directly jointly involved in. That would go some way to explaining allowing an appeal before sentence (if further evidence has come to light)
I would have thought the sentence would be given, then appealed.
Hi Ruth
The unusual situation here is that he was apparently “convicted in his absence”. Trials do occasionally go ahead in the absence of the accused and a court can decide to do this in certain circumstances. Because this now remains a live case it is not possible to go further into the details.
Hi – See here : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/487406/Appeals_against_conviction_and_sentence_v4_0EXT.pdf#:~:text=Appeals%20against%20a%20conviction%20and%2For%20sentence%20should%20be,to%20appeal%20out%20of%20time%20must%20be%20obtained.
Section 3
Ian
I don’t see Price’s case in the Cardiff Crown Court listings for 8th January.
[Ed: His case was listed at Newport Crown Court instead. Outcome unknown at the moment]