1998/124 - Shewan v AG [1998] UR 124 (15 June 1998)

JUDGMENT (on interpretation of Article 14 (1) of the law) THE BAILIFF: Counsel for the Attorney General has drawn to the attention of the Court in relation to this appeal a change in the law which took place following the enactment of the Police Court (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Law 1996. Prior to that amendment Article 14 (1) of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949, was in the following terms: " A person convicted by the Magistrates Court may appeal to the Royal Court; if he pleaded guilty or admitted the facts, against his sentence. if he did not, against the conviction or sentence." Following the 1996 amendment, Article 14 (1) is now in the following terms: "A person convicted by the Magistrate’s Court may appeal to the Royal Court: if he pleaded guilty or admitted the facts, against his sentence. if he did not: and was sentenced by the Magistrate, against the conviction or sentence. and was committed by the Magistrate for sentence under Article 4 (a) of this law, against the conviction." Prior to the enactment of the power to commit an accused person for sentence after conviction it is clear that the Appellant could appeal against either his conviction or sentence. A possible construction of the new provision is that the right to appeal against conviction arises only after the formal procedure for committal for sentence has been completed. In this case the Magistrate has indicated that he proposes to commit the accused for sentence by the Royal Court. The precise terminology which he employed was in these terms: "So the matter is going to be remanded to the Royal Court for sentence and reports and transcripts will be prepared." Transcripts have now been prepared but there is some doubt as to whether the formal act of committal has been signed by the Magistrate. It appears to us that the sensible construction of the new provision in the Police Court (Miscellaneous Provisions) Law is to take the view that once the Magistrate has decided to commit a person for sentence, pursuant to Article 4 (a) of the Law, the accused person has the right to appeal against the conviction which has been recorded. On that basis the Court will continue to hear the submission of Counsel for the Appellant in this case. JUDGMENT (On appeal against conviction) THE BAILIFF: Mr Petit, you have said everything that could be said on behalf of this Appellant but that in our judgment the appeal is hopeless. The Magistrate heard the evidence of the witnesses and was invited to consider all the material points by Counsel in the Magistrates Court, and preferred the evidence of Mr de Faye to the evidence of the Appellant and his girlfriend. In our judgment the conclusion arrived at by the Magistrate was perfectly reasonable and there are no grounds for setting aside his judgment and impugning his decision. The appeal is accordingly dismissed. Authorities Police Court (Miscellaneous Provisions) (Jersey) Law 1949 Police Court (Miscellaneous Provisions) (Amendment No. 5) (Jersey) Law, 1996. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII