Jersey Judgment

AG -v- Syvret [2010] JRC 208 (18 November 2010)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Bail granted because the sentence is short and there is a risk of injustice if appeal succeeds after sentence served.

Court disposition

bail granted pending appeal

Orders

  • Applicant not to leave the island without leave of the Court.
  • Applicant to surrender Passport and driving licence to the Viscount.
  • Directions hearing to be scheduled in January.
  • Applicant to provide address for court correspondence.

02

Material facts

Parties

Mr Syvret

Applicant

Amounts and remedies

  • Sentence Duration: 0

03

Procedural history

  1. Posture

    Bail Pending Appeal / Interlocutory

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant seeks bail pending appeal due to short sentence and risk of injustice if appeal succeeds after sentence served.

05

Court’s reasoning

  1. 01

    court reasoning

    Bail may be granted pending appeal to prevent injustice if sentence is short and appeal may succeed.

06

Ratio, limits and disposition

Ratio decidendi

Bail granted because the sentence is short and there is a risk of injustice if appeal succeeds after sentence served.

Obiter and limits

  • Grant of bail is not an indication of the ultimate outcome of the appeal.
  • Directions hearing will determine whether appeals are heard together.

Court disposition

bail granted pending appeal

  • Applicant not to leave the island without leave of the Court.
  • Applicant to surrender Passport and driving licence to the Viscount.
  • Directions hearing to be scheduled in January.
  • Applicant to provide address for court correspondence.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2010] JRC 208

JUDGMENT THE commissioner: 1. Mr Syvret, we are going to grant you bail pending appeal, we think there are real issues that need to be looked at. That is not an indication that your appeal will succeed or will not succeed. We have simply looked at the fact that this is a very short sentence and before the matter could be properly investigated you would have served your sentence. This would be an obvious injustice were your appeal to succeed. Therefore you will be granted bail but I stress that is not in any way an indication as to what the ultimate outcome will be; we have no idea because we have not heard the case yet.

2. So far as the question of whether the appeals will be heard together or not is concerned; there is going to need to be a directions hearing. It seems to me that at that directions hearing we will by then have a transcript of what happened yesterday and we can see what the position is. Then a decision can be taken as to whether everything is heard together or not. As you are unrepresented we cannot expect the kind of document that a lawyer would produce but it would be very helpful if a more detailed notice of appeal were prepared, rather than the very general notice you prepared last night.

3. We also need an address. This is serious because obviously it is very important that the Court can contact you and notify you of the dates of hearings and serve documents on you and so on. You are not to leave the island without leave of the Court and you are to surrender your Passport and driving licence to the Viscount.

4. We will be looking at dates in January for a Directions hearing and will require transcripts of everything, including 17 th November, 2010. Thank you very much Mr Syvret. No Authorities Page Last Updated: 26 May 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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