Isaacs, R. v [2023] EWCA Crim 1837 (16 November 2023)

Isaacs, R. v [2023] EWCA Crim 1837 (16 November 2023)

No good reason was shown for the delay since 1974, and no substantial injustice would result from refusing the extension. The applicant had received legal advice and chose not to appeal at the time. The proposed appeal had no prospect of success because the underlying facts admitted by the guilty plea still amounted to conspiracy to defraud, even if conspiracy to commit public mischief was later held not to be an offence.

Citation
[2023] EWCA Crim 1837
Parties
Prosecution: Rex; Applicant: Michael Isaacs
Jurisdiction
England and Wales
Judgment Date
16 November 2023
Procedural Posture
Criminal Appeal / Application for Extension of Time to Renew Applications for Extension of Time and for Leave to Appeal Conviction
Outcome
application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Conspiracy to Commit Public Mischief, Finality of Proceedings
Criminal Law Extension of Time Leave to Appeal Conspiracy to Commit Public Mischief Finality of Proceedings

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Parties

Rex

Prosecution

Michael Isaacs

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Renew Applications for Extension of Time and for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether an extension of time should be granted to renew applications for extension of time and for leave to appeal against conviction from 1969
  2. 2 Whether the conviction for conspiracy to commit acts of public mischief remains valid in light of subsequent legal developments

Ratio Decidendi

No good reason was shown for the delay since 1974, and no substantial injustice would result from refusing the extension. The applicant had received legal advice and chose not to appeal at the time. The proposed appeal had no prospect of success because the underlying facts admitted by the guilty plea still amounted to conspiracy to defraud, even if conspiracy to commit public mischief was later held not to be an offence.

Court Disposition

application dismissed

Orders

  • Application for extension of time to renew applications for extension of time and for leave to appeal is dismissed.