Terry, R v [2018] EWCA Crim 416 (1 March 2018)

Terry, R v [2018] EWCA Crim 416 (1 March 2018)

The new evidence regarding tide times does not provide an arguable ground for appeal and there is no reasonably arguable basis for the conviction being unlawful; therefore, extension of time and permission to appeal are refused.

Citation
[2018] EWCA Crim 416
Parties
Prosecution: Regina; Applicant: Mark Christopher Terry
Jurisdiction
England and Wales
Judgment Date
01 March 2018
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction
Outcome
permission to appeal refused
Legal Topics
Murder, Appeal Procedure, Admissibility of New Evidence
Criminal Law Murder Appeal Procedure Admissibility of New Evidence

Case Brief

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Parties

Regina

Prosecution

Mark Christopher Terry

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction

Legal Issues

  1. 1 Whether new evidence regarding tide times undermines the prosecution's case
  2. 2 Whether there is an arguable ground for appeal against conviction
  3. 3 Whether an extension of time should be granted for appeal

Ratio Decidendi

The new evidence regarding tide times does not provide an arguable ground for appeal and there is no reasonably arguable basis for the conviction being unlawful; therefore, extension of time and permission to appeal are refused.

Court Disposition

permission to appeal refused

Orders

  • extension of time refused
  • permission to appeal against conviction refused