R v Anthony Finbar McGrath
The applicant's nine grounds of appeal, including requests for extension of time and admission of fresh evidence, do not give rise to any arguable grounds for appeal. The evidence sought to be introduced is not fresh, could have been adduced at trial, and does not undermine the safety of the convictions. There is no good reason for the delay or for varying the grounds. The trial judge's directions were proper. The application for extension of time is refused and the renewed application for leave to appeal is dismissed.
- Parties
- Prosecution: Rex; Appellant: Anthony Finbar McGrath
- Jurisdiction
- England and Wales
- Judgment Date
- 14 August 2025
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
- Outcome
- Application for extension of time refused; renewed application for leave to appeal dismissed.
- Legal Topics
- Fraud, Perverting the Course of Justice, Appeals, Extension of Time, Fresh Evidence, Disclosure, Joinder of Counts, Trial Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Anthony Finbar McGrath
Appellant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the applicant should be granted an extension of time to appeal nearly 6 years out of time
- 2 Whether fresh evidence should be admitted under section 23 of the Criminal Appeal Act 1968
- 3 Whether the trial judge erred in refusing to admit bad character evidence of a prosecution witness
Ratio Decidendi
The applicant's nine grounds of appeal, including requests for extension of time and admission of fresh evidence, do not give rise to any arguable grounds for appeal. The evidence sought to be introduced is not fresh, could have been adduced at trial, and does not undermine the safety of the convictions. There is no good reason for the delay or for varying the grounds. The trial judge's directions were proper. The application for extension of time is refused and the renewed application for leave to appeal is dismissed.
Court Disposition
Application for extension of time refused; renewed application for leave to appeal dismissed.
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