Terry, R v

Terry, R v

The new evidence regarding the time of full tide does not provide an arguable ground of appeal, and none of the applicant's other grounds show a reasonably arguable basis for challenging the conviction. Therefore, both the extension of time and permission to appeal are refused.

Parties
Prosecution: Regina; Applicant: Mark Christopher Terry
Jurisdiction
England and Wales
Judgment Date
01 March 2018
Procedural Posture
Criminal / Renewed Application for Permission to Appeal Against Conviction and Extension of Time
Outcome
application refused
Legal Topics
Murder, Appeal Procedure, Extension of Time, Fresh Evidence
Criminal Law Murder Appeal Procedure Extension of Time Fresh Evidence

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Parties

Regina

Prosecution

Mark Christopher Terry

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal against conviction
  2. 2 Whether the applicant has an arguable ground of appeal based on new evidence regarding the time of full tide
  3. 3 Whether the conviction was unlawful

Ratio Decidendi

The new evidence regarding the time of full tide does not provide an arguable ground of appeal, and none of the applicant's other grounds show a reasonably arguable basis for challenging the conviction. Therefore, both the extension of time and permission to appeal are refused.

Court Disposition

application refused

Orders

  • Extension of time refused
  • Permission to appeal against conviction refused