Serhir, R. v [2024] EWCA Crim 54 (18 January 2024)

Serhir, R. v [2024] EWCA Crim 54 (18 January 2024)

There were no arguable grounds for appeal against conviction or sentence. The trial was fair, the evidence against the applicant was overwhelming, the bad character evidence was properly admitted, and the exclusion of evidence about the complainant's previous allegations was correct in law. The sentence imposed was within the appropriate range, and all relevant mitigating and aggravating factors were considered. There was no basis to grant an extension of time for appeal.

Citation
[2024] EWCA Crim 54
Parties
Prosecution: Rex; Applicant: Driss Serhir
Jurisdiction
England and Wales
Judgment Date
18 January 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence
Outcome
renewed applications for leave to appeal conviction and sentence refused
Legal Topics
Rape of a Child Under 13, Bad Character Evidence, Admissibility of Evidence, Extension of Time, Dangerousness, Sentencing Guidelines
Criminal Law Rape of a Child Under 13 Bad Character Evidence Admissibility of Evidence Extension of Time Dangerousness Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecution

Driss Serhir

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to alleged unfairness at trial, including admission of bad character evidence and exclusion of evidence about the complainant's previous allegations; whether the sentence imposed was manifestly excessive or failed to consider mitigating factors; whether extensions of time for appeal should be granted

Ratio Decidendi

There were no arguable grounds for appeal against conviction or sentence. The trial was fair, the evidence against the applicant was overwhelming, the bad character evidence was properly admitted, and the exclusion of evidence about the complainant's previous allegations was correct in law. The sentence imposed was within the appropriate range, and all relevant mitigating and aggravating factors were considered. There was no basis to grant an extension of time for appeal.

Court Disposition

renewed applications for leave to appeal conviction and sentence refused

Orders

  • Extension of time for leave to appeal conviction refused
  • Extension of time for leave to appeal sentence refused