R v Lucas Ndhlovu

R v Lucas Ndhlovu

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

Parties
Prosecution: Rex; Appellant: Lucas Ndhlovu
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Appeal Against Sentence
Outcome
leave to appeal against conviction refused; sentence confirmed; victim surcharge order quashed
Legal Topics
Rape, Sentence Appeal, Victim Surcharge, Fresh Evidence, Extension of Time
Criminal Law Rape Sentence Appeal Victim Surcharge Fresh Evidence Extension of Time

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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 Whether the victim surcharge order was validly imposed

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 correct; the victim surcharge order was quashed as it was not pronounced in open court.

Court Disposition

leave to appeal against conviction refused; sentence confirmed; victim surcharge order quashed

Orders

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