Cela, R. v [2024] EWCA Crim 1396 (29 October 2024)

Cela, R. v [2024] EWCA Crim 1396 (29 October 2024)

Neither the test for incompetence of counsel nor the test for inconsistent verdicts is satisfied; the verdicts are rationally reconcilable and the applicant's instructions regarding witness M were properly informed.

Citation
[2024] EWCA Crim 1396
Parties
Prosecution: Rex; Applicant: Ardit Cela
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction
Outcome
renewed application for leave to appeal conviction refused
Legal Topics
Rape, Unsafe Conviction, Inconsistent Verdicts, Failure to Call Witness, Extension of Time
Criminal Law Rape Unsafe Conviction Inconsistent Verdicts Failure to Call Witness Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecution

Ardit Cela

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether the conviction for rape is unsafe due to inconsistency with acquittal on another count
  2. 2 Whether the applicant's defence team failed by not calling an important witness
  3. 3 Whether an extension of time for appeal should be granted

Ratio Decidendi

Neither the test for incompetence of counsel nor the test for inconsistent verdicts is satisfied; the verdicts are rationally reconcilable and the applicant's instructions regarding witness M were properly informed.

Court Disposition

renewed application for leave to appeal conviction refused

Orders

  • Application for extension of time refused
  • No order on sentence appeal as renewal not before court