Source: All England Reporter
Publisher Citation: [2008] All ER (D) 291 (Jun)
Court: Court of Appeal, Criminal Division

Lord Phillips of Worth Matravers CJ, Dobbs and Underhill JJ

Representation John Price (assigned by the Registrar of Criminal Appeals) for the defendant.
  Neil Moore (instructed by the Crown Prosecution Service) for the Crown) for the Crown.
Judgment Dates: 23 June 2008


Criminal law - Appeal - Application for leave to appeal - Extension of time - Murder - Perjury - Defendant denying murder and being acquitted at murder trial - Defendant subsequently confessing to murder - Defendant pleading guilty to perjury on basis that evidence at murder trial untrue - Director of Public Prosecutions applying for quashing of acquittal following change in law on double jeopardy - Defendant retracting confession - Court of Appeal ruling confession demonstrably untrue in certain respects - Director's application refused - Defendant seeking to challenge conviction for perjury - Whether grounds for reopening conviction - ss 76, 78.

The Case

In the instant case, where the defendant applied for leave to appeal against his conviction by his own guilty plea for perjury, he having denied murder at his trial for that offence, and subsequently confessing to that murder, the Court of Appeal refused his application for an extension of time of over eight years. The defendant's application was opportunistic and had no merit.

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