Brind & Ors, R v
All applications for extension of time and leave to appeal against conviction and sentence were refused as they were without merit, the evidence was properly admitted, guilty pleas were valid, and sentences were not manifestly excessive. The court reiterated its power under section 29 to order that time served pending appeal not count towards sentence in cases without merit.
- Parties
- Prosecution: Regina; Applicant: Anthony Brind; Applicant: Michael Adu-Gyamfi; Applicant: Michael S; Applicant: Nazakat Khan; Applicant: Maurice Young
- Jurisdiction
- England and Wales
- Judgment Date
- 16 April 2008
- Procedural Posture
- Criminal Appeal / Renewed Applications for Extension of Time and Leave to Appeal Against Conviction and Sentence After Refusal by Single Judge
- Outcome
- all applications refused
- Legal Topics
- Appeals, Conviction, Sentence, Section 29 Criminal Appeal Act 1968, Section 31 Criminal Appeal Act 1968, Admissibility of Evidence, Bad Character Evidence, Guilty Pleas, Delay in Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Anthony Brind
Applicant
Michael Adu-Gyamfi
Applicant
Michael S
Applicant
Nazakat Khan
Applicant
Maurice Young
Applicant
Procedural Posture
Criminal Appeal / Renewed Applications for Extension of Time and Leave to Appeal Against Conviction and Sentence After Refusal by Single Judge
Legal Issues
- 1 Whether the applications for extension of time and leave to appeal against conviction and sentence should be granted
- 2 Whether the court should exercise its power under section 29 of the Criminal Appeal Act 1968 to order that time served pending appeal should not count towards sentence
- 3 Whether the evidence admitted at trial was properly admitted
Ratio Decidendi
All applications for extension of time and leave to appeal against conviction and sentence were refused as they were without merit, the evidence was properly admitted, guilty pleas were valid, and sentences were not manifestly excessive. The court reiterated its power under section 29 to order that time served pending appeal not count towards sentence in cases without merit.
Court Disposition
all applications refused
Orders
- Applications for extension of time and leave to appeal against conviction and sentence refused for all applicants.
Full Case Text
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