R v Matthew Wayne Shaw

[2025] EWCA Crim 192

Case details

Case citations
[2025] EWCA Crim 192
Court
Court of Appeal (Criminal Division)
Judgment date
28 January 2025
Judgment text

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Subjects
Criminal Sentencing appeals Extension of time for appeal
Keywords
sentence appeal extension of time leave to appeal renewal application prospects of success guilty plea sexual offences unrepresented applicant
Outcome
applications dismissed
Judicial consideration

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Summary

On an unrepresented application to renew applications for extensions of time and leave to appeal sentence, the Court of Appeal may adopt the single judge’s reasons where the proposed grounds have no prospect of success and the applicant has not engaged with those reasons. The court must consider the proposed grounds and papers, allowing for the applicant’s lack of legal representation. An extension of time should be refused where it would serve no practical purpose because the intended appeal could not succeed.

Factual background

The applicant pleaded guilty at the Crown Court at Nottingham to 24 sexual offences and was sentenced on 13 March 2023. He sought renewal of applications for an extension of time to appeal and for leave to appeal against sentence. The single judge refused those applications, finding that the proposed grounds had no prospect of success. The applicant, acting without counsel, challenged the sentence, the treatment of his autism, factual matters, dangerousness, and the scope and duration of a sexual harm protection order. The central issue was whether the extensions and proposed sentence appeal should proceed.

Held

The applications were dismissed.

  1. The court carefully considered all the proposed grounds of appeal and the papers. It made allowance for the applicant’s lack of legal representation.
  2. The single judge had given a full response to the proposed grounds. That response addressed the complaints that the total sentence was excessive, insufficient account had been taken of autism, some facts relied on by the Crown were incorrect, the applicant was not dangerous, and the sexual harm protection order was unnecessary in its duration or scope.
  3. The applicant had not engaged with the single judge’s reasoning. The Court of Appeal therefore adopted it and concluded that the single judge was right to find that none of the proposed grounds had any prospect of success. It was unnecessary to repeat that reasoning.
  4. In those circumstances, the requested extensions of time would serve no purpose. The applications for the extensions and, consequentially, for leave to appeal against sentence were dismissed.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Criminal Division): On 28 January 2025, dismissed the applications to renew the requests for extensions of time and for leave to appeal against sentence: [2025] EWCA Crim 192.
  • Crown Court at Nottingham: On 13 March 2023, sentenced the applicant following guilty pleas to 24 sexual offences.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
applications dismissed

Key cases cited

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Cases citing this case

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