Thomas, R. v (Rev 1) [2021] EWCA Crim 408 (03 March 2021)
The trial judge's directions on circumstantial evidence and participation were legally correct and could not be faulted. The appeal was wholly without merit and the delay in bringing the application was unjustified.
- Citation
- [2021] EWCA Crim 408
- Parties
- Prosecution: Regina; Applicant/defendant: Shem Frank Thomas
- Jurisdiction
- England and Wales
- Judgment Date
- 03 March 2021
- Procedural Posture
- Criminal Appeal / Application for Extension of Time and Permission to Appeal Conviction
- Outcome
- application dismissed
- Legal Topics
- Attempted Murder, Firearms Offences, Joint Enterprise, Appeal Procedure, Judicial Directions
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Shem Frank Thomas
Applicant/defendant
Procedural Posture
Criminal Appeal / Application for Extension of Time and Permission to Appeal Conviction
Legal Issues
- 1 Whether the trial judge's directions on circumstantial evidence and refusal to give evidence rendered the conviction unsafe
- 2 Whether the judge's directions on participation/joint enterprise were legally erroneous in light of R v Jogee
- 3 Whether there was justification for the significant delay in bringing the appeal
Ratio Decidendi
The trial judge's directions on circumstantial evidence and participation were legally correct and could not be faulted. The appeal was wholly without merit and the delay in bringing the application was unjustified.
Court Disposition
application dismissed
Orders
- Application for extension of time to appeal is refused.
- Had the extension been granted, permission to appeal would have been refused.
Full Case Text
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