Lovell, R. v [2023] EWCA Crim 802 (30 June 2023)

Lovell, R. v [2023] EWCA Crim 802 (30 June 2023)

There were no arguable grounds that the conviction was unsafe. The trial was conducted properly, the applicant was well represented, the transcripts were accurate, and the jury's verdict was logical and supported by the evidence. The fresh evidence was not credible or relevant. The application for extension of time and leave to appeal was refused.

Citation
[2023] EWCA Crim 802
Parties
Prosecution: Rex; Applicant/defendant: Michael John Lovell
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Application refused
Legal Topics
Rape, Sexual Offences, Appeals, Extension of Time, Fresh Evidence, Jury Directions
Criminal Law Rape Sexual Offences Appeals Extension of Time Fresh Evidence Jury Directions

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Parties

Rex

Prosecution

Michael John Lovell

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there are arguable grounds that the conviction is unsafe
  2. 2 Whether the trial process or summing up was defective
  3. 3 Whether fresh evidence should be admitted

Ratio Decidendi

There were no arguable grounds that the conviction was unsafe. The trial was conducted properly, the applicant was well represented, the transcripts were accurate, and the jury's verdict was logical and supported by the evidence. The fresh evidence was not credible or relevant. The application for extension of time and leave to appeal was refused.

Court Disposition

Application refused

Orders

  • Renewed application for leave to appeal refused
  • Application to adduce fresh evidence refused