Daniels, R. v [2024] EWCA Crim 1008 (18 July 2024)

Daniels, R. v [2024] EWCA Crim 1008 (18 July 2024)

There was no good reason for the lengthy delay and no arguable merit in any of the proposed grounds of appeal; the applicant was properly represented, disclosure was adequate, and alleged new evidence was either speculative or favoured the prosecution.

Citation
[2024] EWCA Crim 1008
Parties
Prosecution: Rex; Applicant: Kirk Daniels
Jurisdiction
England and Wales
Judgment Date
18 July 2024
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
extension of time refused; leave to appeal refused; loss of time order imposed
Legal Topics
Extension of Time, Leave to Appeal, Conviction, Loss of Time Order, Disclosure, Ineffective Assistance of Counsel
Criminal Law Extension of Time Leave to Appeal Conviction Loss of Time Order Disclosure Ineffective Assistance of Counsel

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Parties

Rex

Prosecution

Kirk Daniels

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether there is good reason for a 6.5 year delay in applying for leave to appeal against conviction
  2. 2 Whether the applicant was properly represented at trial
  3. 3 Whether there were disclosure failures affecting the fairness of the trial

Ratio Decidendi

There was no good reason for the lengthy delay and no arguable merit in any of the proposed grounds of appeal; the applicant was properly represented, disclosure was adequate, and alleged new evidence was either speculative or favoured the prosecution.

Court Disposition

extension of time refused; leave to appeal refused; loss of time order imposed

Orders

  • 28 days of time served shall not count towards applicant's sentence