Rex v Harley Thomas Jones

[2022] EWCA Crim 1344

Summary

An appellant who seeks to abandon a criminal appeal at a late stage requires the court’s leave. Where that leave is granted, the appeal proceedings end finally and cannot later be revived.

Factual background

The applicant sought, through counsel, to abandon his criminal appeal at a late stage. The Court of Appeal considered the application, granted leave to abandon, and explained that this brought all appeal proceedings to a final end.

Held

  1. Leave to abandon was granted. The application was made at a late stage and therefore required the court’s permission.
  2. The court accepted the abandonment and ordered that the appeal be abandoned accordingly.
  3. The court made clear that the order finally terminated all appeal proceedings. They could not subsequently be revived.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Criminal Division): leave was granted for the applicant to abandon the appeal, bringing the appeal proceedings finally to an end.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealappeal withdrawn (leave to abandon granted)
  2. This judgment [2022] EWCA Crim 1344 Court of Appeal (Criminal Division)

Key cases cited

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Cases citing this case

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