R v Ruben Thomas Patrick Hoather
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 facts, even after Jogee, as he intended to cause really serious harm. There was no evidence that mental health issues affected his plea or sentence. The application for extension of time is refused.
- Parties
- Prosecutor: 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
- Murder, Joint Enterprise, Guilty Plea, Mental Health and Fitness to Plead, Extension of Time
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Ruben Thomas Patrick Hoather
Applicant
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction
Legal Issues
- 1 Whether there is good reason to grant an extension of time for leave to appeal against conviction
- 2 Whether the applicant's conviction for murder is unsafe in light of the change in law on joint enterprise (Jogee)
- 3 Whether the applicant's mental health affected his plea 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 facts, even after Jogee, as he intended to cause really serious harm. There was no evidence that mental health issues affected his plea or sentence. The application for extension of time is refused.
Court Disposition
application for extension of time refused
Full Case Text
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