Khan, R. v [2024] EWCA Crim 148 (07 February 2024)

Khan, R. v [2024] EWCA Crim 148 (07 February 2024)

The application for extension of time and to adduce fresh evidence was refused because the proposed fresh evidence was not credible or properly presented, there was no reasonable explanation for its absence at trial, and none of the grounds of appeal had merit. The conviction was supported by cogent evidence and the trial was fair.

Citation
[2024] EWCA Crim 148
Parties
Prosecution: Rex; Applicant: Asif Khan
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
all applications refused
Legal Topics
Rape, Fresh Evidence, Extension of Time, Appeal Grounds, Sexual Offences
Criminal Law Rape Fresh Evidence Extension of Time Appeal Grounds Sexual Offences

Case Brief

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Parties

Rex

Prosecution

Asif Khan

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether to grant extension of time for leave to appeal against conviction
  2. 2 Whether to admit fresh evidence of alibi
  3. 3 Whether the indictment was defective

Ratio Decidendi

The application for extension of time and to adduce fresh evidence was refused because the proposed fresh evidence was not credible or properly presented, there was no reasonable explanation for its absence at trial, and none of the grounds of appeal had merit. The conviction was supported by cogent evidence and the trial was fair.

Court Disposition

all applications refused

Orders

  • Application for extension of time refused
  • Application for leave to appeal refused