Howarth, R. v
The application for extension of time and leave to appeal was dismissed because the grounds lacked merit, the delay was unjustified and prejudicial, and there was no arguable failure of disclosure or representation that would render the conviction unsafe.
- Parties
- Applicant: Constance Howarth; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 17 June 2020
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Conspiracy to Murder, Disclosure, Extension of Time, Appeal Procedure, Gang Related Violence
Case Brief
Summary, issues, holding and outcome
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Parties
Constance Howarth
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Extension of Time
Legal Issues
- 1 Whether there was material non-disclosure affecting the fairness of the trial
- 2 Whether the extension of time for appeal should be granted
- 3 Whether the conviction is unsafe due to alleged failures by prosecution or defence
Ratio Decidendi
The application for extension of time and leave to appeal was dismissed because the grounds lacked merit, the delay was unjustified and prejudicial, and there was no arguable failure of disclosure or representation that would render the conviction unsafe.
Court Disposition
application dismissed
Orders
- Application for extension of time refused
- Application for leave to appeal against conviction refused
Full Case Text
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