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England and Wales decisions
Decisions matching the current search
Court of Appeal refused extensions of time, fresh evidence, and leave to appeal against conviction and sentence in a murder case.
The Privy Council restored the trial judge’s decision, holding the Court of Appeal should not have overturned the 4.30 am finding or treated timing as proving causation.
The applicant's mind did go with the notice of abandonment; she understood and weighed the consequences, and there is no evidence of incapacity or ignorance of material facts. The abandonment was a deliberate and informed decision, thus not a nullity.
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Applicant failed to provide evidence of positively incorrect legal advice; his mind went with the act of abandonment, so the application to treat the abandonment as a nullity was refused.
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Raja & Anor, R. v [2025] EWCA Crim 948 (06 June 2025)
The Court of Appeal refused Raja’s challenge to conviction and Idrak’s challenge to sentence arising from a fatal Hammersmith flyover collision.
The UK Supreme Court held that construing the meaning of a defence statement in this case was a question of fact, not law, and dismissed the appeal.
The Supreme Court held that failure to arraign within the section 8 time limit did not deprive the Crown Court of jurisdiction to retry after a lawful retrial order.
The statutory time limit for applying to refer a point of law to the Supreme Court under section 36(5) Criminal Justice Act 1988 is strict and cannot be extended; the application was out of time and invalid. No point of law of general public importance arises regarding the sentencing guidelines in this case.
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The Court of Appeal has no power to certify points of law of general public importance involved in a decision refusing leave to appeal, as established by statute and binding authority. The applicants' arguments regarding incompatibility with human rights and alleged misinterpretation of secondary liability law are without merit. The applications are refused.
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McGuinness, R. v [2024] EWCA Crim 1252 (06 September 2024)
The Court of Appeal reduced an assault-on-an-emergency-worker sentence from 182 days to 42 days and quashed unlawful Crown Court sendings of summary offences.
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