On January 28th, 1915, applicant was convicted before Avory J., at Gloucester Assizes, of obtaining goods and credit by false pretences, and of conspiring to defraud, and was sentenced to twelve months’ imprisonment with hard labour. On January 31st he gave notice of appeal, but on February 5th abandoned his appeal by a formal notice to that effect addressed to the Registrar of the Court of Criminal Appeal.
Roland Oliver made an ex parte application to the Court on his behalf. The applicant asks for leave to withdraw his notice of abandonment, and that his appeal should be proceeded with. When he delivered his notice of abandonment he was under the impression that the fact that his friends were unable to assist him financially rendered it impossible for him to continue with his appeal as he desired. He may not have known that his appeal could be supported out of public funds. It is submitted that in these circumstances the Court will allow the notice of abandonment to be withdrawn, on the ground that there was a mistake of fact. This was allowed in Barker, 3 Cr. App. R. 283 (1910).
The Lord Chief Justice:
The effect of the notice given by the applicant of his desire to abandon his appeal is, by Rule 23 of the Criminal Appeal Rules, 1908 , that his appeal must be deemed to have been dismissed by this Court. There is no doubt that this Court has power either to allow the notice of abandonment [15] to be withdrawn or to re-open an appeal which has been dismissed. But that power will only be exercised where there are special circumstances which in the view of the Court justify a departure from the ordinary procedure. Here the applicant asks to be allowed to withdraw his notice of abandonment merely on the ground that he thought that his friends would not be able to give him financial assistance, and that in consequence he would not be able to proceed with his appeal, whereas he now finds that his friends can help him. In the opinion of the Court these facts do not constitute such circumstances as would justify the re-opening of the appeal. It must be borne in mind that precautions are taken to bring to the notice of every prisoner that he has a right to appeal against his conviction and sentence, and that he does not require money to enable him to do so. There can be no justification for an accused person abandoning his appeal unless he thinks that there is no ground upon which to appeal, and that it would be useless for him so to do. For these reasons this application must be refused.
Application dismissed
Judges:
Lord Chief Justice, Ridley, Lawrence JJ
Citations:
(1917) 12 Cr App Rep 14
Jurisdiction:
England and Wales
Criminal Practice
Updated: 23 March 2022; Ref: scu.603249