Thomas, R. v (Rev 1)

Thomas, R. v (Rev 1)

The grounds of appeal were entirely without merit; the trial judge's directions were proper and in accordance with the law, and the application for extension of time was inexcusably late without reasonable excuse.

Parties
Respondent: Regina; Applicant: Shem Frank Thomas
Jurisdiction
England and Wales
Judgment Date
03 March 2021
Procedural Posture
Criminal Appeal / Application for Extension of Time and Permission to Appeal Conviction
Outcome
application dismissed
Legal Topics
Attempted Murder, Possession of Firearm With Intent to Endanger Life, Appeal Against Conviction, Joint Enterprise, Circumstantial Evidence, Adverse Inference From Silence
Criminal Law Attempted Murder Possession of Firearm With Intent to Endanger Life Appeal Against Conviction Joint Enterprise Circumstantial Evidence Adverse Inference From Silence

Case Brief

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Parties

Regina

Respondent

Shem Frank Thomas

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge's directions on circumstantial evidence and refusal to give evidence rendered the conviction unsafe
  2. 2 Whether the judge erred in law regarding joint enterprise and participation under R v Jogee
  3. 3 Whether the delay in filing the appeal was excusable

Ratio Decidendi

The grounds of appeal were entirely without merit; the trial judge's directions were proper and in accordance with the law, and the application for extension of time was inexcusably late without reasonable excuse.

Court Disposition

application dismissed

Orders

  • Application for extension of time to appeal is refused.
  • Had the extension been granted, permission to appeal would have been refused.