A man was convicted of sexually abusing his daughter and stepdaughter. He tried to appeal his conviction late, but the court refused because his reasons were weak and he didn't explain the delay. The original conviction stands.
Key Facts
- •Elliot Matthew Rowley was convicted of three counts of rape of a child under 13 and two counts of sexual assault of a child under 13.
- •The victims were his 11-year-old biological daughter (C1) and her 12-year-old half-sister (C2).
- •The offences allegedly occurred during lockdown in 2020 while Rowley had sole care of the girls.
- •Rowley's defence was that the events did not happen and the complainants were fabricating or colluding.
- •Rowley applied for an extension of time (392 days) to appeal his conviction.
- •The application was refused by a single judge and subsequently by the Court of Appeal.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to prevent identification of victims.
Sexual Offences (Amendment) Act 1992
Outcomes
Application for an extension of time to appeal refused.
The Court of Appeal agreed with the single judge that the grounds of appeal were not arguable and that the delay in appealing was not adequately explained.
Leave to appeal against conviction refused.
The Court found no merit in the grounds of appeal.