Ali, R v [2021] EWCA Crim 653 (18 February 2021)

No credible grounds for appeal or explanation for delay; merits of proposed appeal are not compelling; destruction of CPS file underscores importance of timely appeals but does not justify extension.

Citation: [2021] EWCA Crim 653
Parties: Respondent: Regina; Applicant: Mohammed Ali
Jurisdiction: England and Wales
Judgment Date: 18 February 2021
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Out of Time Against Conviction
Outcome: application refused
Legal Topics: Rape, Assault Occasioning Actual Bodily Harm, Appeal Procedure, Extension of Time, Evidence Admissibility, Judicial Directions, Legal Representation

Criminal Law Rape Assault Occasioning Actual Bodily Harm Appeal Procedure Extension of Time Evidence Admissibility Judicial Directions Legal Representation

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Parties

Regina

Respondent

Mohammed Ali

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Out of Time Against Conviction

Legal Issues

1 whether leave to appeal out of time against conviction should be granted
2 whether defects in judge's summing-up, bias, wrongful admission of evidence, and failure to adjourn affected conviction
3 whether destruction of CPS file constitutes grounds for appeal

Ratio Decidendi

No credible grounds for appeal or explanation for delay; merits of proposed appeal are not compelling; destruction of CPS file underscores importance of timely appeals but does not justify extension.

Court Disposition

application refused

Orders

extension of time refused
leave to appeal refused