Clarke, R v [2020] EWCA Crim 1190 (27 August 2020)

Clarke, R v [2020] EWCA Crim 1190 (27 August 2020)

The amendment of the indictment and vacation of guilty pleas was lawful and caused no unfairness; the unsigned indictment was valid; the grounds of appeal were unarguable and the delay unjustified.

Citation
[2020] EWCA Crim 1190
Parties
Prosecution: Regina; Applicant: Matthew Derek Clarke
Jurisdiction
England and Wales
Judgment Date
27 August 2020
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Permission to Appeal Conviction
Outcome
Renewed application for extension of time refused; permission to appeal refused; loss of time order imposed.
Legal Topics
Abuse of Process, Amendment of Indictment, Validity of Indictment, Extension of Time, Guilty Plea, Sexual Offences, Loss of Time Order
Criminal Law Abuse of Process Amendment of Indictment Validity of Indictment Extension of Time Guilty Plea Sexual Offences Loss of Time Order

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Parties

Regina

Prosecution

Matthew Derek Clarke

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the amendment of the indictment and vacation of guilty pleas amounted to an abuse of process
  2. 2 Whether the unsigned or amended indictment was a nullity
  3. 3 Whether the indictment was duplicitous or lacked sufficient particulars

Ratio Decidendi

The amendment of the indictment and vacation of guilty pleas was lawful and caused no unfairness; the unsigned indictment was valid; the grounds of appeal were unarguable and the delay unjustified.

Court Disposition

Renewed application for extension of time refused; permission to appeal refused; loss of time order imposed.

Orders

  • Refusal of extension of time to appeal
  • Refusal of permission to appeal