Ahmed, R. v

There is no evidential basis to conclude that the applicant's abandonment was not a deliberate and informed decision; the Medway test is not satisfied.

Parties: Prosecutor: Regina; Applicant: Jamil Ahmed
Jurisdiction: England and Wales
Judgment Date: 29 July 2010
Procedural Posture: Criminal Appeal / Application to Withdraw Notice of Abandonment
Outcome: application refused
Legal Topics: Withdrawal of Abandonment, Leave to Appeal, Nullity Test

Criminal Law Appellate Procedure Withdrawal of Abandonment Leave to Appeal Nullity Test

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Regina

Prosecutor

Jamil Ahmed

Applicant

Procedural Posture

Criminal Appeal / Application to Withdraw Notice of Abandonment

Legal Issues

1 Whether the applicant's abandonment of appeal should be treated as a nullity
2 Whether the Medway test for nullity is satisfied

Ratio Decidendi

There is no evidential basis to conclude that the applicant's abandonment was not a deliberate and informed decision; the Medway test is not satisfied.

Court Disposition

application refused

Orders

Leave to withdraw the notice of abandonment is refused.