R v Charles Sion Davison
[2022] EWCA Crim 1549
R v Samuel Kayode
15 August 2024
[2024] EWCA Crim 1032
Court of Appeal
A man was convicted of drug crimes and later claimed he was too unwell to plead guilty. The court didn't believe him because a doctor's report said he was fine, and he waited too long to challenge the conviction.
Key Facts
- •Samuel Kayode pleaded guilty to drug trafficking and possession of criminal property on 29 June 2020.
- •He received a 30-month prison sentence.
- •Kayode claimed he was unfit to plead due to duress and mental health issues.
- •Kayode's claim of duress was that he was repaying a £20,000 debt owed by his father.
- •A psychiatric report from Dr. Bisht did not support Kayode's claim of unfitness to plead.
- •Kayode's application for permission to appeal was made significantly late (1078 days).
Legal Principles
A defendant can only be found unfit to plead if supported by the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved.
Section 4(6) of the Criminal Procedure (Insanity) Act 1964
Outcomes
The application for permission to appeal against conviction and the extension of time were refused.
The court found that there was insufficient medical evidence to support the applicant's claim of unfitness to plead. The single medical report available contradicted his claim. The additional lay evidence was deemed insufficient. The delay in applying was also a factor.