R v James Devine

R v James Devine

The court refused to extend time or grant leave to appeal conviction or sentence as there was no jurisdiction over Magistrates' Court convictions, the guilty plea to the Crown Court indictment was voluntary and not undermined by the grounds advanced, and the sentence was neither excessive nor wrong in principle.

Parties
Applicant: James Devine; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
24 November 2022
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction and Sentence
Outcome
applications for extension of time and leave to appeal conviction and sentence refused
Legal Topics
Stalking, Appeal Against Conviction, Appeal Against Sentence, Guilty Plea, Jurisdiction
Criminal Law Stalking Appeal Against Conviction Appeal Against Sentence Guilty Plea Jurisdiction

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Parties

James Devine

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the court has jurisdiction to hear appeals against convictions from the Magistrates' Court
  2. 2 Whether the applicant's guilty plea to the Crown Court indictment can be set aside
  3. 3 Whether the sentence imposed was excessive or wrong in principle

Ratio Decidendi

The court refused to extend time or grant leave to appeal conviction or sentence as there was no jurisdiction over Magistrates' Court convictions, the guilty plea to the Crown Court indictment was voluntary and not undermined by the grounds advanced, and the sentence was neither excessive nor wrong in principle.

Court Disposition

applications for extension of time and leave to appeal conviction and sentence refused