| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 58 (Nov) |
| Neutral Citation: | [2009] EWCA Crim 2422 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Lord Judge CJ, Rafferty and Henriques JJ (judgment delivered extempore) |
| Representation | Michael Forward (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Judgment Dates: | 4 November 2009 |
Catchwords
Sentence - Appeal - Application for leave to appeal against sentence - Extension of time - Delay - Defendant pleading guilty to wounding with intent - Defendant facing trial on indictment charging arson in respect of same victim - Defendant acquitted of arson - Representatives subsequently advising as to length of sentence on wounding charge - Defendant applying for extension of time of over one year - Whether delay pending existing or proposed trial sufficient excuse for failing to bring appeal within appropriate time limit.
The Case
Sentence Appeal. In refusing an extension of time to apply for leave to appeal against her four-and-a-half year sentence following her plea of guilty for wounding with intent, the Court of Appeal, Criminal Division, observed that delay pending an existing or intended or proposed trial was not normally a sufficient excuse, reason or explanation for failing to bring an appeal within the appropriate time limit.
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