Hoather, R. v [2023] EWCA Crim 231 (08 February 2023)

Hoather, R. v [2023] EWCA Crim 231 (08 February 2023)

There was no good reason for the extensive delay in applying for leave to appeal; the applicant's conviction for murder was justified on the evidence and the law as clarified in Jogee, as he intended to cause really serious harm; there was no evidence that mental health issues affected his plea or sentence.

Citation
[2023] EWCA Crim 231
Parties
Prosecution: Rex; Applicant: Ruben Thomas Patrick Hoather
Jurisdiction
England and Wales
Judgment Date
08 February 2023
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction
Outcome
application for extension of time refused
Legal Topics
Joint Enterprise, Murder, Guilty Plea, Mental Health and Fitness to Plead, Extension of Time for Appeal
Criminal Law Joint Enterprise Murder Guilty Plea Mental Health and Fitness to Plead Extension of Time for Appeal

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Parties

Rex

Prosecution

Ruben Thomas Patrick Hoather

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether there is good reason to grant an extension of time for appeal against conviction
  2. 2 Whether the applicant's guilty plea to murder was safe in light of the law on joint enterprise as clarified in R v Jogee
  3. 3 Whether the applicant's mental health at the time of plea or sentence undermined the conviction or sentence

Ratio Decidendi

There was no good reason for the extensive delay in applying for leave to appeal; the applicant's conviction for murder was justified on the evidence and the law as clarified in Jogee, as he intended to cause really serious harm; there was no evidence that mental health issues affected his plea or sentence.

Court Disposition

application for extension of time refused

Orders

  • Application for extension of time to appeal is refused.