R v Jose Ernesto Real

The application for extension of time and permission to appeal was refused due to extraordinary and inadequately explained delay, and lack of merit in the underlying appeal.

Parties: Prosecution: Regina; Applicant/respondent: Jose Ernesto Real
Jurisdiction: England and Wales
Judgment Date: 23 June 2022
Procedural Posture: Criminal Appeal / Renewed Application for Permission to Appeal Against Conviction and Extension of Time
Outcome: application dismissed
Legal Topics: Rape, Assault by Penetration, Appeals, Extension of Time, Intermediary Assistance, Reporting Restrictions

Criminal Law Rape Assault by Penetration Appeals Extension of Time Intermediary Assistance Reporting Restrictions

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Parties

Regina

Prosecution

Jose Ernesto Real

Applicant/respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant is entitled to an extension of time to appeal against conviction
2 Whether the absence of an intermediary at the third trial rendered the conviction unsafe
3 Whether the delay in bringing the appeal is adequately explained

Ratio Decidendi

The application for extension of time and permission to appeal was refused due to extraordinary and inadequately explained delay, and lack of merit in the underlying appeal.

Court Disposition

application dismissed

Orders

renewed application for permission to appeal against conviction refused
applications for extension of time refused