[2020] EWCA Crim 1266 R -v- Simon Paul Flint; Anthony Michael Holmes

On the 22 July 2020, Mark Styles represented the Defendant Simon Paul Flint before:-

THE VICE-PRESIDENT OF THE COURT OF APPEAL (CRIMINAL DIVISION) LORD JUSTICE FULFORD

MR JUSTICE HILLIARD and
MR JUSTICE JOHNSON

Lord Justice Fulford :

The issue

1. These two cases involved the possession of explosive substances for the suggested object of experimentation and self-education/curiosity. The applicants were convicted before the decision of the Supreme Court in R v Copeland [2020] UKSC 8; [2020] 2 Cr App R 4. The common issue is whether this court should grant their applications for exceptional leave to appeal out of time, bearing in mind the majority decision in Copeland. We have outlined the circumstances and the arguments in each case before discussing their respective merits. At the end of the judgment we have made a number of observations about the potential difficulties in establishing the defence of lawful object in cases involving the possession of explosive substances in this general context.

The full approved judgment was handed down on 6 October 2020  and can be found here