AUS, R. v (Rev1) [2024] EWCA Crim 322 (13 March 2024)

AUS, R. v (Rev1) [2024] EWCA Crim 322 (13 March 2024)

The applicant was not advised of a statutory defence which would quite probably have succeeded, resulting in a clear injustice. The extension of time is granted, the appeal is allowed, and the conviction is quashed.

Citation
[2024] EWCA Crim 322
Parties
Applicant: AUS; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
13 March 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
Conviction quashed; appeal allowed; extension of time granted; leave to appeal granted; fresh evidence admitted.
Legal Topics
Possession of False Identity Document, Statutory Defence Under Section 31 Immigration and Asylum Act 1999, Refugee Convention, Guilty Plea Validity, Extension of Time for Appeal
Criminal Law Immigration Law Human Rights Law Possession of False Identity Document Statutory Defence Under Section 31 Immigration and Asylum Act 1999 Refugee Convention Guilty Plea Validity Extension of Time for Appeal

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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AUS

Applicant

Rex

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant was properly advised of the statutory defence under section 31 of the Immigration and Asylum Act 1999
  2. 2 Whether the guilty plea was a nullity due to lack of advice
  3. 3 Whether an extension of time for appeal should be granted after more than 12 years

Ratio Decidendi

The applicant was not advised of a statutory defence which would quite probably have succeeded, resulting in a clear injustice. The extension of time is granted, the appeal is allowed, and the conviction is quashed.

Court Disposition

Conviction quashed; appeal allowed; extension of time granted; leave to appeal granted; fresh evidence admitted.

Orders

  • Applicant's conviction quashed
  • Extension of time to appeal granted