Conaghan, R. v [2017] EWCA Crim 597 (28 February 2017)

Conaghan, R. v [2017] EWCA Crim 597 (28 February 2017)

Non-legally qualified third parties may only address the Court of Appeal Criminal Division in exceptional circumstances. Extensions of time for appeal and admission of fresh evidence require strict compliance with established legal principles. The applications in all four cases were refused due to lack of merit, inexcusable delay, and failure to meet the criteria for fresh evidence. Loss of time orders were imposed where appropriate to deter unmeritorious applications.

Citation
[2017] EWCA Crim 597
Parties
Prosecution: Regina; Applicant: Terence Conaghan; Applicant: Thomas William Henry James; Applicant: David Noel Ramchaitar; Applicant: Michael Herbert Solomon
Jurisdiction
England and Wales
Judgment Date
28 February 2017
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction
Outcome
All applications refused
Legal Topics
Assistance by Unqualified Third Parties, Loss of Time Orders, Fresh Evidence on Appeal, Extension of Time for Appeal, DNA Evidence, Identification Evidence, Sexual Offences, Robbery, Murder, Right of Audience
Criminal Law Appellate Procedure Assistance by Unqualified Third Parties Loss of Time Orders Fresh Evidence on Appeal Extension of Time for Appeal DNA Evidence Identification Evidence +4 more

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Parties

Regina

Prosecution

Terence Conaghan

Applicant

Thomas William Henry James

Applicant

David Noel Ramchaitar

Applicant

Michael Herbert Solomon

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether non-legally qualified third parties may assist or represent applicants in the Court of Appeal Criminal Division
  2. 2 Whether extensions of time for appeal should be granted in cases of significant delay
  3. 3 Whether fresh evidence is admissible and sufficient to undermine the safety of convictions

Ratio Decidendi

Non-legally qualified third parties may only address the Court of Appeal Criminal Division in exceptional circumstances. Extensions of time for appeal and admission of fresh evidence require strict compliance with established legal principles. The applications in all four cases were refused due to lack of merit, inexcusable delay, and failure to meet the criteria for fresh evidence. Loss of time orders were imposed where appropriate to deter unmeritorious applications.

Court Disposition

All applications refused

Orders

  • Applications for extension of time, leave to appeal, and to adduce fresh evidence refused for all applicants.
  • Loss of time order of 28 days imposed on James and Solomon.