Introduction

The case of Shannon Russell Dar v England and Wales Court of Appeal (Criminal Division) [2021] EWCA Crim 202 scrutinizes the procedural intricacies surrounding the abandonment of an appeal and the conditions under which such abandonment can be deemed a nullity. The appellant, Shannon Russell Dar, convicted of arson, sought to set aside his abandonment of an appeal against conviction, arguing procedural mishandling and alleged threats by the Criminal Appeal Office. This commentary delves into the court's reasoning, the legal principles applied, and the broader implications of the judgment.

Summary of the Judgment

The appellant, Dar, convicted of arson in July 2019 and sentenced to ten years' imprisonment, initially sought leave to appeal against both his conviction and sentence but did so out of time. After a series of communications and procedural missteps, Dar signed a Form A, intending to abandon his appeal against conviction while continuing with his sentence appeal. Subsequent attempts to reinstate the abandoned appeal were scrutinized by the Court of Appeal, which ultimately refused Dar's application to treat the abandonment as a nullity. The court concluded that Dar's decision to abandon the appeal was deliberate and informed, and no procedural irregularities or coercion warranted setting aside the abandonment.

Analysis

Precedents Cited

The judgment references R v Smith [2013] EWCA Crim 2388, which established that a notice of abandonment is irrevocable unless it is a nullity. The nullity test requires the court to determine whether the appellant's decision was deliberate and informed or influenced by factors such as incorrect legal advice or coercion.

Legal Reasoning

The court meticulously examined the chronology of events leading to Dar's abandonment of his appeal. Key considerations included:

• The timing and content of Dar's communications with the Criminal Appeal Office.
• The completion and submission of Form A, explicitly indicating abandonment of the conviction appeal while continuing the sentence appeal.
• Dar's subsequent attempts to reinstate the appeal after the refusal of his sentence application.

The court found that Dar's mind was firmly set on abandoning the conviction appeal to focus on the sentence appeal, as evidenced by the specific completion of Form A. Despite Dar's claims of miscommunication and alleged threats, the court determined there was insufficient evidence to suggest that his decision was anything other than deliberate and informed.

Impact

This judgment reinforces the principle that abandonment of an appeal is generally irrevocable, upholding the integrity of the appellate process. By clarifying that only deliberate, informed decisions to abandon an appeal are binding, it sets a clear standard for future cases where appellants seek to reverse their decisions to abandon appeals.

The decision also underscores the importance of accurate and clear communication from appellate bodies to appellants, highlighting that perceived threats or miscommunications may not suffice to overturn procedural decisions unless substantiated by clear evidence.

Complex Concepts Simplified

Notice of Abandonment

A notice of abandonment is a formal declaration by an appellant to discontinue their appeal. Once signed, it is typically irrevocable unless proven to be a nullity.

Nullity Test

The nullity test assesses whether the abandonment of an appeal was a valid and voluntary decision. If an appellant did not genuinely intend to abandon the appeal or was coerced, the abandonment may be considered a nullity, allowing the appeal to be reinstated.

Extended Sentences

An extended sentence prolongs the duration of imprisonment by adding an additional period after the custodial term, as governed by sections like Section 226A of the Criminal Justice Act 2003.

Conclusion

The Court of Appeal's decision in Dar v EWCA Crim reaffirms the principle of the irrevocability of abandoned appeals unless substantial grounds for nullity exist. By meticulously analyzing the appellant's intentions and the procedural history, the court determined that Dar's abandonment was deliberate and informed, dismissing his claims of coercion and procedural errors. This judgment serves as a pivotal reference for future cases involving the abandonment and potential reinstatement of appeals, emphasizing the necessity for clear, deliberate actions by appellants and robust procedural adherence by appellate bodies.