O'Byrne v AG [2019] JRC 108 (11 June 2019)

O'Byrne v AG [2019] JRC 108 (11 June 2019)

Notice of appeal was not filed within statutory time after conviction, but leave to appeal out of time is granted due to circumstances; rehearing of witnesses is declined as Magistrate's notes and written judgment suffice; no evidential foundation exists to require production of notes from Magistrate-probation officer meeting.

Citation
[2019] JRC 108
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
11 June 2019
Procedural Posture
Criminal Appeal / Preliminary Hearing on Appeal
Outcome
Leave to appeal out of time granted; rehearing of witnesses declined; requests for written judgment and trial counsel notes made; appeal to be listed for hearing.
Legal Topics
Appeal Procedure, Notice of Appeal, Right of Appeal, Self Defence, Bias, Evidence Admissibility
Criminal Law Procedural Law Appeal Procedure Notice of Appeal Right of Appeal Self Defence Bias Evidence Admissibility

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether notice of appeal was filed within statutory time limits
  2. 2 Whether leave should be granted to appeal out of time
  3. 3 Whether witnesses should be reheard due to lack of transcript

Ratio Decidendi

Notice of appeal was not filed within statutory time after conviction, but leave to appeal out of time is granted due to circumstances; rehearing of witnesses is declined as Magistrate's notes and written judgment suffice; no evidential foundation exists to require production of notes from Magistrate-probation officer meeting.

Court Disposition

Leave to appeal out of time granted; rehearing of witnesses declined; requests for written judgment and trial counsel notes made; appeal to be listed for hearing.

Orders

  • Appellant granted leave to appeal out of time
  • Witnesses will not be reheard