Halkyard, R v
There was no arguable ground of appeal as the evidence did not support the applicant's claims of misidentification or procedural unfairness, and no fresh evidence met the statutory threshold. The delay was not justified and the conviction was not unsafe.
- Parties
- Respondent: 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
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Gary Halkyard
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Legal Issues
- 1 Whether there was good reason for the delay in applying for leave to appeal
- 2 Whether the conviction was unsafe due to alleged misidentification of the complainant
- 3 Whether failure to call certain witnesses rendered the trial unfair
Ratio Decidendi
There was no arguable ground of appeal as the evidence did not support the applicant's claims of misidentification or procedural unfairness, and no fresh evidence met the statutory threshold. The delay was not justified and the conviction was not unsafe.
Court Disposition
renewed application for extension of time and leave to appeal refused
Orders
- Renewed application for extension of time refused
- Renewed application for leave to appeal refused
Full Case Text
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