Rex v Henry (Cr.A. 156-1936.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal dismissed the murder conviction appeal. The Court held that the grant or refusal of a certificate of leave to appeal is entirely within the trial judge's discretion and is not a matter for the Attorney General. Where a native appellant is unrepresented, the Court of Appeal's practice is to treat the case as an appeal irrespective of whether the trial judge granted leave to appeal.
Outcome
Murder conviction upheld
Facts
The appellant was convicted of murder at trial. He applied to the trial judge for a certificate of leave to appeal. The trial judge, after consulting the Attorney General, refused the certificate on the basis that the application disclosed no grounds for granting it. The trial judge wrote to the President of the Court of Appeal requesting that the matter of the certificate be addressed in the judgment. The appellant was unrepresented and absent at the appeal hearing.
Issues
- Whether the trial judge properly exercised discretion in refusing a certificate of leave to appeal.
- Whether the Court of Appeal should treat an unrepresented native appellant's case as an appeal regardless of whether leave was granted.
Orders
- Appeal dismissed.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.