R v Upson (No 2)

The applicant was found guilty at trial of trafficking in cannabis sativa and was sentenced to eight years imprisonment. Following the dismissal of the applicant’s appeal against his conviction and refusal of leave to appeal against sentence on 16 August 2011, the applicant filed an application for an extension of time within which to appeal against his conviction and for leave to appeal against sentence. The applicant sought to rely on different grounds of appeal and new evidence. The court was required to determine whether it had the jurisdiction to entertain a second application for leave to appeal against sentence where the first application had been dismissed on the merits of the proposed appeal. The court was also required to determine whether an extension of time should be granted for the applicant to appeal against sentence.

The court held that it had jurisdiction to entertain a second application for leave to appeal against sentence, but that the application was without merit. The court found that the applicant had failed to demonstrate any new evidence that was not previously available or that could not have been discovered with due diligence. The court further found that the applicant had not demonstrated any arguable error of law or fact that would warrant a grant of leave to appeal. The court also found that the applicant had not demonstrated any exceptional circumstances that would warrant an extension of time for the applicant to appeal against sentence. The court held that the application was an abuse of process and refused the application.

The application for an extension of time within which to appeal against conviction was refused. The application for an extension of time for leave to appeal against sentence was also refused.