Burns -v- AG 3-Feb-2006 [2006] JRC 020 (03 February 2006)

Burns -v- AG 3-Feb-2006 [2006] JRC 020 (03 February 2006)

The conviction was quashed because the charge was not made out in law; the appellant was parked on private land, not on public land as alleged, so there was no legal basis for the charge.

Citation
[2006] JRC 020
Parties
Appellant: Appellant; Respondent: Unknown (Prosecution)
Jurisdiction
Jersey
Judgment Date
03 February 2006
Procedural Posture
Criminal Appeal / Appeal
Outcome
appeal allowed, conviction quashed
Legal Topics
Guilty Plea, Misapprehension, Quashing Conviction, Costs
Criminal Law Procedure Guilty Plea Misapprehension Quashing Conviction Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Unknown (Prosecution)

Respondent

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

  1. 1 Whether the guilty plea was entered under a mistaken misapprehension of the facts and law
  2. 2 Whether the conviction should be quashed due to the charge being wrongly drawn
  3. 3 Whether costs should follow the event when the appeal is allowed

Ratio Decidendi

The conviction was quashed because the charge was not made out in law; the appellant was parked on private land, not on public land as alleged, so there was no legal basis for the charge.

Court Disposition

appeal allowed, conviction quashed

Orders

  • Costs of the appellant both in the appeal and in the Magistrate's Court to be paid out of public funds