DM, R. v [2024] EWCA Crim 1187 (25 September 2024)

The applicant failed to provide a satisfactory explanation for the delay in applying for leave to appeal, and the grounds of appeal lacked merit. There was no reasonable explanation for failing to adduce the fresh evidence at trial, and the evidence would not have affected the safety of the convictions. The...

Source-derived case information.

Citation: [2024] EWCA Crim 1187
Parties: Prosecution: Rex; Applicant/defendant: DM
Jurisdiction: England and Wales
Judgment Date: 25 September 2024
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Extension of Time
Outcome: application refused
Legal Topics: Sexual Offences, Appeals, Fresh Evidence, Extension of Time, Inadequate Legal Representation

Criminal Law Sexual Offences Appeals Fresh Evidence Extension of Time Inadequate Legal Representation

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 6

Parties

Rex

Prosecution

Applicant/defendant

Procedural Posture

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

Legal Issues

1 Whether the extension of time to appeal should be granted
2 Whether leave to appeal against conviction should be granted
3 Whether fresh evidence should be admitted

Ratio Decidendi

Court Disposition

application refused

Orders

Extension of time to appeal refused
Leave to appeal against conviction refused

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