Devine, R. v [2022] EWCA Crim 1838 (24 November 2022)

Devine, R. v [2022] EWCA Crim 1838 (24 November 2022)

The court refused to extend time or grant leave to appeal conviction or sentence because the applicant's guilty plea was voluntary and binding, there was no jurisdiction to hear appeals from Magistrates' Court convictions, and the sentence was neither excessive nor wrong in principle.

Citation
[2022] EWCA Crim 1838
Parties
Prosecution: Rex; Applicant: James Devine
Jurisdiction
England and Wales
Judgment Date
24 November 2022
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction and Sentence
Outcome
applications refused
Legal Topics
Stalking, Appeals, Guilty Plea, Sentencing, Jurisdiction
Criminal Law Stalking Appeals Guilty Plea Sentencing Jurisdiction

Case Brief

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Parties

Rex

Prosecution

James Devine

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time and leave to appeal against conviction and sentence
  2. 2 Whether the applicant's guilty plea was valid and voluntary
  3. 3 Whether the sentence imposed was excessive or wrong in principle

Ratio Decidendi

The court refused to extend time or grant leave to appeal conviction or sentence because the applicant's guilty plea was voluntary and binding, there was no jurisdiction to hear appeals from Magistrates' Court convictions, and the sentence was neither excessive nor wrong in principle.

Court Disposition

applications refused

Orders

  • Refusal to extend time for appeal against conviction and sentence
  • Refusal of leave to appeal conviction and sentence