R v Kirk Daniels
[2024] EWCA Crim 1008
Rodriguez Jean Pierre v The King
11 May 2023
[2023] UKPC 15
Privy Council
A man was convicted of murder but waited six years to appeal. The court said he waited too long and his reasons weren't good enough, even though his appeal might have had a small chance of success. The higher court agreed.
Key Facts
- •Wendell Miller was stabbed to death on March 24, 2012.
- •The appellant was arrested and charged with murder the same day.
- •The appellant was convicted of murder on February 26, 2013, and sentenced to 35 years' imprisonment.
- •The appellant filed an appeal against conviction and sentence on May 30, 2019, seeking an extension of the 21-day time limit for appeal.
- •The appellant's explanation for the delay was the lack of counsel and means to obtain one.
- •The Court of Appeal refused the appellant an extension of time on September 24, 2020.
- •The Court of Appeal granted the appellant conditional leave to appeal to the Privy Council on January 6, 2021.
Legal Principles
The Court of Appeal has a wide discretion to extend time for appealing under Section 17 of the Court of Appeal Act and Rule 9 of the Court of Appeal Rules 2005.
Court of Appeal Act (Ch 52), Section 17; Court of Appeal Rules 2005, Rule 9
In exercising its discretion to extend time, the Court considers factors such as the length of the delay, reasons for the delay, prospects of success of the appeal, and prejudice to the respondent.
Alexander Williams v The Queen (SCCrApp No 155 of 2016)
While good prospects of success are important, they do not automatically guarantee an extension of time. The overall justice of the case, gravity of the offence, severity of sentence, legal certainty, and interests of victims and witnesses must also be considered.
Rodriguez Jean Pierre v The King
Outcomes
The Privy Council dismissed the appeal.
While the Court of Appeal's approach to the extension of time was unduly restrictive, its assessment of the prospects of success of the appeal was correct. The grounds of appeal lacked merit.