R v Charles Sion Davison

R v Charles Sion Davison

The applicant's fitness to plead was fully and contemporaneously assessed by three psychiatrists, all finding him fit. The fresh evidence is retrospective, does not address the legal criteria, and cannot outweigh the original findings. There is no real prospect that the conviction is unsafe.

Parties
Prosecution: Rex; Applicant: Charles Sion Davison
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
leave to appeal refused
Legal Topics
Fitness to Plead, Fresh Evidence, Murder, Diminished Responsibility, Appeal Out of Time
Criminal Law Fitness to Plead Fresh Evidence Murder Diminished Responsibility Appeal Out of Time

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Parties

Rex

Prosecution

Charles Sion Davison

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant was fit to plead at the time of conviction
  2. 2 Whether fresh psychiatric evidence renders the conviction unsafe

Ratio Decidendi

The applicant's fitness to plead was fully and contemporaneously assessed by three psychiatrists, all finding him fit. The fresh evidence is retrospective, does not address the legal criteria, and cannot outweigh the original findings. There is no real prospect that the conviction is unsafe.

Court Disposition

leave to appeal refused

Orders

  • Application for leave to appeal against conviction refused
  • Extension of time to appeal refused