Harvey, R. v [2024] EWCA Crim 83 (19 January 2024)

Harvey, R. v [2024] EWCA Crim 83 (19 January 2024)

There are no arguable grounds of appeal in either case; the applicant has failed to provide any sufficient explanation for the substantial delay; the applications are wholly without merit and must be refused. A loss of time order is appropriate to discourage unmeritorious applications.

Citation
[2024] EWCA Crim 83
Parties
Prosecution: Rex; Applicant/defendant: Martin Harvey
Jurisdiction
England and Wales
Judgment Date
19 January 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and for Representation Order; Extension of Time
Outcome
applications refused
Legal Topics
Sexual Offences, Malicious Communications, Criminal Damage, Appeals, Extension of Time, Loss of Time Orders
Criminal Law Sexual Offences Malicious Communications Criminal Damage Appeals Extension of Time Loss of Time Orders

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Parties

Rex

Prosecution

Martin Harvey

Applicant/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether there are arguable grounds for appeal against conviction in two separate criminal cases involving sexual offences and malicious communications/criminal damage
  2. 2 Whether the applicant has provided sufficient explanation for the substantial delay in seeking leave to appeal
  3. 3 Whether a loss of time order should be imposed for unmeritorious applications

Ratio Decidendi

There are no arguable grounds of appeal in either case; the applicant has failed to provide any sufficient explanation for the substantial delay; the applications are wholly without merit and must be refused. A loss of time order is appropriate to discourage unmeritorious applications.

Court Disposition

applications refused

Orders

  • All applications for leave to appeal and for representation order refused
  • Extension of time refused