R v Asif Khan

R v Asif Khan

The application for extension of time and to adduce fresh evidence was refused because the proposed fresh evidence lacked credibility and was not properly presented, there was no reasonable explanation for the delay, and none of the grounds of appeal had any merit given the cogent evidence supporting the conviction.

Parties
Prosecutor: Rex; Applicant: Asif Khan
Jurisdiction
England and Wales
Judgment Date
03 November 2024
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Appeal Conviction and Application to Adduce Fresh Evidence
Outcome
all applications refused
Legal Topics
Sexual Offences, Rape, Fresh Evidence, Extension of Time, Appeal Procedure

Case Brief

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Parties

Rex

Prosecutor

Asif Khan

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time to Appeal Conviction and Application to Adduce Fresh Evidence

  1. 1 Whether the applicant should be granted an extension of time to appeal against conviction
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether the grounds of appeal disclose any merit

Ratio Decidendi

The application for extension of time and to adduce fresh evidence was refused because the proposed fresh evidence lacked credibility and was not properly presented, there was no reasonable explanation for the delay, and none of the grounds of appeal had any merit given the cogent evidence supporting the conviction.

Court Disposition

all applications refused

Orders

  • Application for extension of time refused
  • Application to adduce fresh evidence refused