DM v R
[2024] EWCA Crim 1187
R v Kirk Daniels
18 July 2024
[2024] EWCA Crim 1008
Court of Appeal
A man was convicted in 2016 and tried to appeal years later, claiming his lawyers were bad and there was new evidence. The court said his reasons were weak and didn't grant his appeal. Because his attempt to appeal wasted court time, they also added extra time to his prison sentence as punishment.
Key Facts
- •Kirk Daniels (applicant, aged 39) was convicted of possessing a bladed instrument, attempted wounding with intent to do grievous bodily harm, and section 18 causing grievous bodily harm with intent in 2016.
- •He was sentenced to an extended sentence of 18 years' imprisonment.
- •A sentence appeal was dismissed in 2018 ([2018] EWCA Crim 112).
- •In 2023, he applied for leave to appeal against conviction, more than 6.5 years after the conviction.
- •His grounds of appeal were: (1) Inadequate legal representation, (2) Issues with disclosure, (3) New evidence.
- •The Court of Appeal had access to responses from trial counsel and the prosecution.
Legal Principles
The court has discretion to grant extensions of time to appeal, but only for good reason.
Inherent jurisdiction of the Court of Appeal
A loss of time order can be made if the application is deemed wholly without merit and wastes court time.
Inherent jurisdiction of the Court of Appeal
Outcomes
The application for an extension of time was refused.
The grounds of appeal were found to be without merit. The delay of 6.5 years was unexplained and unjustified.
Leave to appeal was refused.
The grounds of appeal lacked merit.
A loss of time order was made.
The application was deemed wholly without merit and wasted court time.