Milton, R. v [2025] EWCA Crim 444 (04 April 2025)
The applicant's conviction was unsafe because the prosecution case was based on a closed conspiracy with co-defendants whose convictions were quashed, and there was no evidence of conspiracy with 'others unknown'; not allowing the appeal would result in injustice.
- Citation
- [2025] EWCA Crim 444
- Parties
- Prosecution: Rex; Applicant: Sonny Milton
- Jurisdiction
- England and Wales
- Judgment Date
- 04 April 2025
- Procedural Posture
- Criminal Appeal / Application for Extension of Time and Appeal Against Conviction
- Outcome
- Appeal allowed; convictions quashed; retrial ordered; bail granted pending retrial.
- Legal Topics
- Conspiracy to Commit Fraud, Concealing Criminal Property, Extension of Time for Appeal, Quashing of Conviction, Retrial
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Sonny Milton
Applicant
Procedural Posture
Criminal Appeal / Application for Extension of Time and Appeal Against Conviction
Legal Issues
- 1 Whether there was good reason for the delay in applying for leave to appeal against conviction
- 2 Whether the applicant would suffer injustice if not allowed to proceed with the appeal
- 3 Whether the applicant's conviction was safe given the quashing of co-defendants' convictions and the nature of the conspiracy charge
Ratio Decidendi
The applicant's conviction was unsafe because the prosecution case was based on a closed conspiracy with co-defendants whose convictions were quashed, and there was no evidence of conspiracy with 'others unknown'; not allowing the appeal would result in injustice.
Court Disposition
Appeal allowed; convictions quashed; retrial ordered; bail granted pending retrial.
Orders
- Extension of time to appeal granted.
- Permission to appeal granted.
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