Ndhlovu, R. v [2024] EWCA Crim 231 (22 February 2024)

Ndhlovu, R. v [2024] EWCA Crim 231 (22 February 2024)

There were no arguable grounds for appeal against conviction. The sentence of five years' imprisonment on each count of rape, to run concurrently, was properly imposed. The victim surcharge order was quashed as it was not pronounced in open court and thus invalid.

Citation
[2024] EWCA Crim 231
Parties
Prosecution: Rex; Appellant: Lucas Ndhlovu
Jurisdiction
England and Wales
Judgment Date
22 February 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Appeal Against Sentence
Outcome
Appeal against conviction refused; sentence confirmed; victim surcharge order quashed.
Legal Topics
Rape, Appeal Against Conviction, Appeal Against Sentence, Victim Surcharge, Fresh Evidence
Criminal Law Rape Appeal Against Conviction Appeal Against Sentence Victim Surcharge Fresh Evidence

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Parties

Rex

Prosecution

Lucas Ndhlovu

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Appeal Against Sentence

Legal Issues

  1. 1 Whether there are arguable grounds for leave to appeal against conviction
  2. 2 Whether the sentence imposed was correct and lawfully pronounced
  3. 3 Validity of administratively imposed victim surcharge

Ratio Decidendi

There were no arguable grounds for appeal against conviction. The sentence of five years' imprisonment on each count of rape, to run concurrently, was properly imposed. The victim surcharge order was quashed as it was not pronounced in open court and thus invalid.

Court Disposition

Appeal against conviction refused; sentence confirmed; victim surcharge order quashed.

Orders

  • Refusal of extension of time for leave to appeal against conviction
  • Refusal of leave to appeal against conviction