R v Scott Powell

R v Scott Powell

The application for permission to appeal, to admit fresh evidence, and for extension of time is refused because the fresh evidence is not credible or capable of belief, the applicant was properly advised and represented at trial, there is no reasonable basis to vacate guilty pleas, and no good reason for the delay in applying.

Parties
Prosecutor: Regina; Applicant: Scott Powell
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Conviction and to Admit Fresh Evidence
Outcome
Application refused
Legal Topics
Appeal Against Conviction, Fresh Evidence, Extension of Time, Sexual Offences, Rape
Criminal Law Appeal Against Conviction Fresh Evidence Extension of Time Sexual Offences Rape

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Parties

Regina

Prosecutor

Scott Powell

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Conviction and to Admit Fresh Evidence

Legal Issues

  1. 1 Whether permission to appeal conviction should be granted
  2. 2 Whether fresh evidence should be admitted under section 23 of the Criminal Appeal Act 1968
  3. 3 Whether extension of time to appeal should be granted

Ratio Decidendi

The application for permission to appeal, to admit fresh evidence, and for extension of time is refused because the fresh evidence is not credible or capable of belief, the applicant was properly advised and represented at trial, there is no reasonable basis to vacate guilty pleas, and no good reason for the delay in applying.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • Permission to admit fresh evidence refused