DM v R

DM v R

The reasons given by the applicant for the delay do not justify the length of the delay; the grounds of appeal lack merit and do not affect the safety of the conviction; there is no reasonable explanation for failure to adduce fresh evidence and no merit in complaints about legal representation.

Parties
Prosecution: Rex; Applicant: DM
Jurisdiction
England and Wales
Judgment Date
10 November 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Extension of Time
Outcome
application refused
Legal Topics
Sexual Offences, Appeals, Fresh Evidence, Extension of Time, Inadequate Legal Representation
Criminal Law Sexual Offences Appeals Fresh Evidence Extension of Time Inadequate Legal Representation

Case Brief

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Parties

Rex

Prosecution

DM

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Extension of Time

Legal Issues

  1. 1 whether extension of time for appeal should be granted
  2. 2 whether leave to appeal conviction should be granted
  3. 3 whether fresh evidence should be admitted

Ratio Decidendi

The reasons given by the applicant for the delay do not justify the length of the delay; the grounds of appeal lack merit and do not affect the safety of the conviction; there is no reasonable explanation for failure to adduce fresh evidence and no merit in complaints about legal representation.

Court Disposition

application refused

Orders

  • extension of time refused
  • leave to appeal conviction refused