Wills v Rex [2024] EWCA Crim 789 (10 July 2024)

Wills v Rex [2024] EWCA Crim 789 (10 July 2024)

The conviction was safe as the only possible defence was self-defence, which was properly put to the jury and rejected; the failure to call PCSO Cave did not render the conviction unsafe; distress and background circumstances did not amount to a legal defence; there was no basis to admit further evidence or extend time as there was no arguable appeal.

Citation
[2024] EWCA Crim 789
Parties
Applicant: Daniel Wills; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
10 July 2024
Procedural Posture
Criminal Appeal / Application to Renew Appeal Against Conviction, Extension of Time, and Admission of Further Evidence
Outcome
Application for leave to appeal dismissed
Legal Topics
Assault of Emergency Worker, Self Defence, Extension of Time, Admission of Further Evidence, Fair Trial
Criminal Law Assault of Emergency Worker Self Defence Extension of Time Admission of Further Evidence Fair Trial

Case Brief

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Parties

Daniel Wills

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application to Renew Appeal Against Conviction, Extension of Time, and Admission of Further Evidence

Legal Issues

  1. 1 Whether failure to call PCSO Cave rendered the conviction unsafe
  2. 2 Whether distress and alleged human rights contraventions provided a defence to assault
  3. 3 Whether additional background circumstances justified self-defence

Ratio Decidendi

The conviction was safe as the only possible defence was self-defence, which was properly put to the jury and rejected; the failure to call PCSO Cave did not render the conviction unsafe; distress and background circumstances did not amount to a legal defence; there was no basis to admit further evidence or extend time as there was no arguable appeal.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for extension of time refused
  • Application to admit further evidence refused