R v Carl Toner
[2024] EWCA Crim 992
R v Lee Pardoe
14 June 2024
[2024] EWCA Crim 740
Court of Appeal
A man pleaded guilty to child pornography charges five years ago. He now wants to appeal, but the court says he waited too long and his reasons are weak. The court also says there's no good reason to overturn his guilty plea, so his appeal is denied.
Key Facts
- •Lee Pardoe (applicant) pleaded guilty in 2018 to possession of indecent images of children.
- •He was sentenced to a suspended prison sentence.
- •In 2023, he applied for leave to appeal against his conviction, five years after the sentencing.
- •His application for an extension of time was refused by a single judge and then renewed before the Court of Appeal.
- •The applicant offered various reasons for the delay, including lack of awareness of appeal rights, poor mental health, and fear.
- •The applicant claimed his guilty plea was 'unintended' and criticized the police investigation and prosecution.
Legal Principles
To grant an extension of time to appeal, it must be in the interests of justice.
Inherent jurisdiction of the Court of Appeal
Appeals against conviction after a guilty plea are limited; the conviction must be shown to be unsafe.
R v Tredget [2022] EWCA Crim 108
A guilty plea, knowing the facts, generally establishes the safety of the conviction unless vitiated, unlawful, an abuse of process, or demonstrably false.
R v Tredget [2022] EWCA Crim 108
Outcomes
The application for an extension of time was refused.
The applicant's reasons for the delay were unconvincing, lacked evidence, and were inconsistent. The Court found no arguable grounds for appeal against conviction as the guilty plea was considered unequivocal, voluntary, and informed. No evidence suggested the plea was vitiated or the proceedings unlawful.