Gary Bennett v R

Gary Bennett v R

The application for an extension of time was refused because the delay was very considerable and largely unexplained, there was no compelling case on the merits, and the alleged judicial errors did not render the convictions unsafe given the supporting evidence and the overall fairness of the trial.

Parties
Applicant: Gary Bennett; Respondent: The King
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Conviction
Outcome
Application for extension of time refused
Legal Topics
Sexual Offences, Appeal Procedure, Jury Directions, Child Witnesses, Extension of Time
Criminal Law Sexual Offences Appeal Procedure Jury Directions Child Witnesses Extension of Time

Case Brief

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Parties

Gary Bennett

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal against conviction
  2. 2 Whether the trial judge's directions to the jury were deficient, rendering the conviction unsafe

Ratio Decidendi

The application for an extension of time was refused because the delay was very considerable and largely unexplained, there was no compelling case on the merits, and the alleged judicial errors did not render the convictions unsafe given the supporting evidence and the overall fairness of the trial.

Court Disposition

Application for extension of time refused