R v Andrew Harris
There is no arguable basis for asserting the convictions are unsafe, the complaints about legal representatives cannot be fairly adjudicated due to substantial delay, and the Court of Appeal cannot reopen the sentence appeal as it is functus officio.
- Parties
- Respondent: Rex; Applicant: Andrew Harris
- Jurisdiction
- England and Wales
- Judgment Date
- 16 May 2025
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Conviction and Extension of Time
- Outcome
- application refused
- Legal Topics
- Sexual Offences, Appeal Procedure, Misrecording of Convictions, Ineffective Assistance of Counsel
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Andrew Harris
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Extension of Time
Legal Issues
- 1 Whether the applicant's conviction is unsafe due to alleged incompetence of legal representatives
- 2 Whether the misrecording of previous convictions affected the fairness of the proceedings
- 3 Whether there are grounds to extend time for appeal given the delay
Ratio Decidendi
There is no arguable basis for asserting the convictions are unsafe, the complaints about legal representatives cannot be fairly adjudicated due to substantial delay, and the Court of Appeal cannot reopen the sentence appeal as it is functus officio.
Court Disposition
application refused
Orders
- application for extension of time refused
- renewed application for leave to appeal conviction refused
Full Case Text
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