Cottrell, R v

Cottrell, R v

Fletcher's conviction for indecent assault (count 11) is quashed as it was based on an act of intercourse prosecuted outside the statutory time limit, following R v J. Cottrell's application for leave to appeal out of time is refused because the only ground is a change of law, and no substantial injustice would result from refusal. The Court reiterates that extensions of time in change of law cases are only granted in exceptional circumstances.

Parties
Prosecution: R; Applicant: Steven Cottrell; Appellant: Joseph Fletcher
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Criminal Appeal / Appeal From Conviction and Application for Extension of Time
Outcome
Fletcher's appeal allowed; conviction quashed. Cottrell's application for extension of time refused.
Legal Topics
Indecent Assault, Unlawful Sexual Intercourse, Change of Law, Time Limits for Prosecution, Criminal Cases Review Commission, Appeals Out of Time
Criminal Law Appellate Procedure Indecent Assault Unlawful Sexual Intercourse Change of Law Time Limits for Prosecution Criminal Cases Review Commission Appeals Out of Time

Case Brief

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Parties

R

Prosecution

Steven Cottrell

Applicant

Joseph Fletcher

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Application for Extension of Time

Legal Issues

  1. 1 Whether convictions for indecent assault based on acts of sexual intercourse with underage girls, prosecuted outside the statutory time limit, are unsafe following a change in the law (R v J)
  2. 2 Whether leave to appeal out of time should be granted in change of law cases
  3. 3 Whether the Criminal Cases Review Commission must have regard to the Court of Appeal's practice in change of law cases

Ratio Decidendi

Fletcher's conviction for indecent assault (count 11) is quashed as it was based on an act of intercourse prosecuted outside the statutory time limit, following R v J. Cottrell's application for leave to appeal out of time is refused because the only ground is a change of law, and no substantial injustice would result from refusal. The Court reiterates that extensions of time in change of law cases are only granted in exceptional circumstances.

Court Disposition

Fletcher's appeal allowed; conviction quashed. Cottrell's application for extension of time refused.

Orders

  • Fletcher's conviction on count 11 quashed.
  • Cottrell's application for leave to appeal out of time refused.