R v AUS

R v AUS

The applicant was not advised of the section 31 statutory defence, which would quite probably have succeeded if advanced. She suffered clear injustice as a result. An extension of time is granted, leave to appeal is allowed, and the conviction is quashed.

Parties
Respondent: Rex; Applicant: AUS
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
appeal allowed
Legal Topics
Statutory Defence, Anonymity Orders, Refugee Status, False Identity Documents, Extension of Time, Appeal Against Conviction
Criminal Law Immigration Law Human Rights Law Statutory Defence Anonymity Orders Refugee Status False Identity Documents Extension of Time +1 more

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

Rex

Respondent

AUS

Applicant

Procedural Posture

Criminal Appeal / Judgment on 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 applicant is entitled to an extension of time to appeal against conviction
  3. 3 Whether the section 31 defence would have succeeded if advanced

Ratio Decidendi

The applicant was not advised of the section 31 statutory defence, which would quite probably have succeeded if advanced. She suffered clear injustice as a result. An extension of time is granted, leave to appeal is allowed, and the conviction is quashed.

Court Disposition

appeal allowed

Orders

  • fresh evidence received
  • extension of time granted