Thurlwell, R v

Thurlwell, R v

The application for permission to appeal was frivolous, unarguable, and could be determined summarily without a full hearing; the applicant pleaded guilty and did not apply to vacate his plea; the destruction order was lawful given the dog's history and danger to public safety.

Parties
Prosecution: Regina; Applicant: Gary Thurlwell
Jurisdiction
England and Wales
Judgment Date
18 May 2018
Procedural Posture
Criminal Appeal / Application for Permission to Appeal; Summary Determination
Outcome
application for permission to appeal dismissed
Legal Topics
Dangerous Dogs, Appeal Procedure, Abuse of Process, Sentencing, Destruction Order
Criminal Law Dangerous Dogs Appeal Procedure Abuse of Process Sentencing Destruction Order

Case Brief

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Parties

Regina

Prosecution

Gary Thurlwell

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal; Summary Determination

Legal Issues

  1. 1 Whether the grounds of appeal against conviction and sentence are arguable
  2. 2 Whether the destruction order for the dog was lawful
  3. 3 Whether the police were unlawfully at the premises

Ratio Decidendi

The application for permission to appeal was frivolous, unarguable, and could be determined summarily without a full hearing; the applicant pleaded guilty and did not apply to vacate his plea; the destruction order was lawful given the dog's history and danger to public safety.

Court Disposition

application for permission to appeal dismissed

Orders

  • appeal dismissed summarily
  • no attendance required