Clarke, R v

Clarke, R v

The procedure adopted in vacating the original guilty pleas and amending the indictment was permissible, caused no unfairness, and did not amount to abuse of process. The unsigned indictment was valid under current law, and the amended indictment was neither duplicitous nor lacking in particulars. The delay in applying for leave to appeal was not justified.

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 and permission to appeal conviction refused
Legal Topics
Sexual Offences, Abuse of Process, Indictment Amendment, Extension of Time, Appeal Procedure
Criminal Law Sexual Offences Abuse of Process Indictment Amendment Extension of Time Appeal Procedure

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

Ratio Decidendi

The procedure adopted in vacating the original guilty pleas and amending the indictment was permissible, caused no unfairness, and did not amount to abuse of process. The unsigned indictment was valid under current law, and the amended indictment was neither duplicitous nor lacking in particulars. The delay in applying for leave to appeal was not justified.

Court Disposition

renewed application for extension of time and permission to appeal conviction refused

Orders

  • loss of time order of 28 days