R v Paul Gellen
There were no arguable grounds for appeal as the applicant was competently represented, all relevant evidence was before the jury or could have been adduced at trial, the alleged fresh evidence was not material or was available at trial, and no procedural or substantive unfairness was established.
- Parties
- Prosecution: Rex; Applicant: Paul Gellen
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Extension of Time to Appeal, Application to Adduce Fresh Evidence, and Application to Amend Grounds of Appeal
- Outcome
- applications refused
- Legal Topics
- Sexual Offences, Appeals, Fresh Evidence, Adverse Publicity, Jury Directions, Legal Representation
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Paul Gellen
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time to Appeal, Application to Adduce Fresh Evidence, and Application to Amend Grounds of Appeal
Legal Issues
- 1 Whether there were arguable grounds for appeal against conviction for sexual offences
- 2 Whether fresh evidence should be admitted on appeal
- 3 Whether there was a failure to disclose relevant evidence
Ratio Decidendi
There were no arguable grounds for appeal as the applicant was competently represented, all relevant evidence was before the jury or could have been adduced at trial, the alleged fresh evidence was not material or was available at trial, and no procedural or substantive unfairness was established.
Court Disposition
applications refused
Full Case Text
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