R v Joseph Hopkinson

A guilty plea does not bar an appeal against conviction, but it creates a considerable obstacle. Where the challenge relies on alleged non-disclosure, the applicant must show that the undisclosed material would quite probably have led to a successful defence and that a clear injustice resulted. A conviction remains safe where the defence was known and available at trial, the legal advice was informed and competent, and the prosecution evidence strongly supported guilt. Unsupported assertions that further material existed are insufficient. A factual error in a custody record does not undermine safety where the accused knew the true basis of the arrest and charge. The court may also order loss of time for an unmeritorious application wasting judicial resources.

The applicant pleaded guilty at Gloucester Crown Court to arranging or facilitating the commission of a child sex offence contrary to section 14(1) of the Sexual Offences Act 2003. He was sentenced to seven years and two months’ imprisonment. After refusal by the single judge, he renewed an application for a 448-day extension of time and sought to adduce fresh evidence. He also sought bail if leave were granted.

He alleged non-disclosure of chat messages, inadequate legal advice and unlawful arrest. He maintained that his communications concerned an adult and that references to the child were fantasy. The central issues were whether any ground could reasonably support an argument that the conviction was unsafe and whether the delay should be extended.

The renewed applications were dismissed. The court refused the extension of time and the application to adduce fresh evidence. The conviction was safe.

1. A guilty plea is not a bar to an appeal against conviction, but it is a considerable obstacle. An applicant alleging non-disclosure must show that the undisclosed material would quite probably have resulted in a successful defence and that a clear injustice had occurred. This case fell far short of that standard.
2. The defence was known before trial and was advanced in the defence statement. The prosecution stated that relevant material had been disclosed, and the defence team had reviewed the evidence. There was no evidence that further messages existed or that they would have materially strengthened the proposed fantasy defence. The route under section 8 of the Criminal Procedure and Investigations Act 1996 had not produced any basis for challenging the disclosure position.
3. The applicant knew from the arrest and interview that the allegation concerned arranging sexual activity with a child under section 14 of the Sexual Offences Act 2003. Any inaccurate description in the custody record was therefore irrelevant to the safety of the conviction, and there was no substance in the unlawful-arrest allegation.
4. The applicant was fit to plead and had been properly advised. Counsel had reviewed the substantial chat evidence and advised that, if the fantasy account were genuine, he should stand trial. His guilty plea was entered voluntarily and with sufficient understanding. The messages, arrangements and his attendance at Cheltenham station with Viagra and cannabis were more than sufficient to establish the elements of the offence. A proposed stay for no case to answer was baseless.
5. The delay was insufficiently justified and the applications were totally without merit. Applying the statutory powers identified in R v Gray & Ors [2014] EWCA Crim 2372, the court directed that 56 days would not count towards the sentence because substantial judicial time and resources had been wasted.

• Court of Appeal (Criminal Division): dismissed the renewed applications for an extension of time and to adduce fresh evidence. The conviction was held safe, and 56 days were directed not to count towards the sentence.
• Crown Court at Gloucester: the applicant pleaded guilty on 13 February 2023 and was sentenced on 18 April 2023 to seven years and two months’ imprisonment. An application for leave to appeal against sentence was refused by the single judge and was not renewed.