R v Darren David Wheeler

R v Darren David Wheeler

The extension of time to appeal conviction was refused as there was no arguable ground that the guilty plea was not voluntary or informed. The appeal against sentence was allowed in part because the increase in sentence for count 2 was unwarranted and the sentence for count 1 was manifestly excessive; appropriate reductions were made to reflect the correct categorisation, mitigation, and totality.

Parties
Prosecution: Rex; Appellant: Darren David Wheeler
Jurisdiction
England and Wales
Judgment Date
18 October 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time to Appeal Conviction and Appeal Against Sentence
Outcome
appeal against conviction refused; appeal against sentence allowed in part
Legal Topics
Sexual Harm Prevention Order, Breach of Order, Sentencing, Appeal Procedure, Fresh Evidence
Criminal Law Sexual Harm Prevention Order Breach of Order Sentencing Appeal Procedure Fresh Evidence

Case Brief

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Parties

Rex

Prosecution

Darren David Wheeler

Appellant

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time to Appeal Conviction and Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant should be granted an extension of time to appeal conviction
  2. 2 Whether fresh evidence should be admitted
  3. 3 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The extension of time to appeal conviction was refused as there was no arguable ground that the guilty plea was not voluntary or informed. The appeal against sentence was allowed in part because the increase in sentence for count 2 was unwarranted and the sentence for count 1 was manifestly excessive; appropriate reductions were made to reflect the correct categorisation, mitigation, and totality.

Court Disposition

appeal against conviction refused; appeal against sentence allowed in part

Orders

  • Extension of time to appeal conviction refused
  • Fresh evidence not admitted