Hart, R. v

Hart, R. v

Where an applicant renews an application for leave to appeal against conviction or sentence that is wholly without merit, especially after clear advice from counsel and refusal by a single judge, the Court of Appeal will exercise its power under section 29 of the Criminal Appeal Act 1968 to direct that a specified period of time served shall not count towards sentence.

Parties
Prosecution: Regina; Applicant: Clifford Hart; Applicant: Christabelle George; Applicant: Jason Clarke; Applicant: Darren Junior Brown
Jurisdiction
England and Wales
Judgment Date
13 December 2006
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal After Refusal by Single Judge
Outcome
Applications by Hart and Clarke: refused with loss of time order; Applications by George and Brown: refused without loss of time order
Legal Topics
Abuse of Process, Leave to Appeal, Loss of Time Orders, Meritless Applications, Sentencing
Criminal Law Abuse of Process Leave to Appeal Loss of Time Orders Meritless Applications Sentencing

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Parties

Regina

Prosecution

Clifford Hart

Applicant

Christabelle George

Applicant

Jason Clarke

Applicant

Darren Junior Brown

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal After Refusal by Single Judge

Legal Issues

  1. 1 When should the Court of Appeal exercise its power under section 29 of the Criminal Appeal Act 1968 to direct that time served does not count towards sentence for meritless applications?
  2. 2 What constitutes a wholly unmeritorious application for leave to appeal against conviction or sentence?

Ratio Decidendi

Where an applicant renews an application for leave to appeal against conviction or sentence that is wholly without merit, especially after clear advice from counsel and refusal by a single judge, the Court of Appeal will exercise its power under section 29 of the Criminal Appeal Act 1968 to direct that a specified period of time served shall not count towards sentence.

Court Disposition

Applications by Hart and Clarke: refused with loss of time order; Applications by George and Brown: refused without loss of time order

Orders

  • Hart: 28 days of time served not to count towards sentence
  • Clarke: 28 days of time served not to count towards sentence