Halkyard, R v [2020] EWCA Crim 1431 (22 October 2020)

Halkyard, R v [2020] EWCA Crim 1431 (22 October 2020)

There was no arguable ground of appeal as the applicant's claims of misidentification were unsupported and contradicted by his own evidence, the alleged fresh evidence did not meet the statutory threshold, and any failures regarding witnesses were attributable to the applicant or would not have assisted his defence.

Citation
[2020] EWCA Crim 1431
Parties
Prosecution: Regina; Applicant: Gary Halkyard
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
renewed application for extension of time and leave to appeal refused
Legal Topics
Assault by Beating, Extension of Time, Leave to Appeal, Fresh Evidence, Misidentification, Ineffective Assistance of Counsel
Criminal Law Assault by Beating Extension of Time Leave to Appeal Fresh Evidence Misidentification Ineffective Assistance of Counsel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecution

Gary Halkyard

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether there was good reason for the delay in applying for leave to appeal
  2. 2 Whether the conviction was unsafe due to alleged misidentification of the complainant
  3. 3 Whether the failure to call certain witnesses rendered the trial unfair

Ratio Decidendi

There was no arguable ground of appeal as the applicant's claims of misidentification were unsupported and contradicted by his own evidence, the alleged fresh evidence did not meet the statutory threshold, and any failures regarding witnesses were attributable to the applicant or would not have assisted his defence.

Court Disposition

renewed application for extension of time and leave to appeal refused