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R v Simon Coombes (aka Simon Tharme)

9 February 2024
[2024] EWCA Crim 188
Court of Appeal
Simon Coombes was found guilty of rape. He tried to appeal his conviction and sentence but was too late and his reasons for appealing were weak. The court threw out his appeals and said he wouldn't get any time off his prison sentence for wasting their time.

Key Facts

  • Simon Coombes convicted of vaginal and oral rape.
  • Co-defendant Luke Sullivan also convicted of rape.
  • Coombes applied for an extension of time to appeal conviction and sentence.
  • Significant delays in appealing, attributed to various factors including legal advice, prison conditions, and mental health issues.
  • Coombes made numerous complaints about his trial counsel and solicitors.
  • The Crown argued the convictions were safe.
  • Coombes applied to adduce fresh evidence.
  • Coombes received an extended sentence of 17 years 6 months.

Legal Principles

Sexual Offences (Amendment) Act 1992: Restrictions on publishing information identifying victims of sexual offences.

Sexual Offences (Amendment) Act 1992

Criminal Appeal Act 1968, s. 23(2): Court's power to receive fresh evidence if necessary or expedient in the interests of justice.

Criminal Appeal Act 1968

R v Gray & Others [2014] EWCA Crim 2372: Court's power to make loss of time orders to discourage unmeritorious applications.

R v Gray & Others [2014] EWCA Crim 2372

Outcomes

Coombes' application for extension of time to appeal conviction refused.

No reasonable excuse for delay, and no merit in grounds of appeal; convictions safe.

Coombes' application for extension of time to appeal sentence refused.

Sentence within appropriate range, considering aggravating factors and lack of sufficient mitigating circumstances.

Loss of time order made: 56 days not to count towards sentence.

Numerous unmeritorious applications wasted court time and resources.

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