Davis, R. v [2013] EWCA Crim 2424 (05 December 2013)

Davis, R. v [2013] EWCA Crim 2424 (05 December 2013)

The applications for extension of time and leave to appeal are summarily refused as frivolous, vexatious, and unarguable; no competent lawyer could have reasonably believed the Refugee Convention defence applied to the facts.

Citation
[2013] EWCA Crim 2424
Parties
Prosecution: Regina; Applicant: Zantoe Davis; Applicant: Mercedes Thabangu
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction
Outcome
applications summarily refused
Legal Topics
Abuse of Process, Advance Fee Fraud, Legal Aid Self Certification, Refugee Convention Defence
Criminal Law Abuse of Process Advance Fee Fraud Legal Aid Self Certification Refugee Convention Defence

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Parties

Regina

Prosecution

Zantoe Davis

Applicant

Mercedes Thabangu

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether applicants should be granted extension of time and leave to appeal against conviction based on alleged negligent advice regarding Refugee Convention defence
  2. 2 Whether the application constitutes an abuse of process

Ratio Decidendi

The applications for extension of time and leave to appeal are summarily refused as frivolous, vexatious, and unarguable; no competent lawyer could have reasonably believed the Refugee Convention defence applied to the facts.

Court Disposition

applications summarily refused

Orders

  • Applications for extension of time and leave to appeal are refused.
  • Matter referred to Solicitors Regulatory Authority for investigation.