Mitchell, R. v [2023] EWCA Crim 424 (21 April 2023)

Mitchell, R. v [2023] EWCA Crim 424 (21 April 2023)

There are no arguable grounds that the applicant's guilty pleas were other than voluntary and informed, nor that he was deprived of a defence which would probably have succeeded, nor that the convictions are unsafe. The application for extension of time is dismissed as there is no prospect of success.

Citation
[2023] EWCA Crim 424
Parties
Applicant: David John Mitchell (aka David John); Respondent: The King
Jurisdiction
England and Wales
Judgment Date
21 April 2023
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Conviction
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Guilty Plea, Joint Enterprise, Possession With Intent to Supply, Dangerous Driving, Admissibility of Evidence, Legal Representation, Mitigation
Criminal Law Extension of Time Leave to Appeal Guilty Plea Joint Enterprise Possession With Intent to Supply Dangerous Driving Admissibility of Evidence +2 more

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Parties

David John Mitchell (aka David John)

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time to Apply for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant's guilty pleas were voluntary and informed
  2. 2 Whether legal representation was negligent or defective
  3. 3 Whether fingerprint and telephone evidence was misrepresented or inadmissible

Ratio Decidendi

There are no arguable grounds that the applicant's guilty pleas were other than voluntary and informed, nor that he was deprived of a defence which would probably have succeeded, nor that the convictions are unsafe. The application for extension of time is dismissed as there is no prospect of success.

Court Disposition

Application dismissed

Orders

  • Renewed application for extension of time to apply for leave to appeal against conviction is refused