Le Clech v AG [2002] JRC 226 (02 December 2002)

Le Clech v AG [2002] JRC 226 (02 December 2002)

The grounds of appeal were not sufficiently strong to overcome the significant delay in seeking leave to appeal out of time; no substantial grounds for delay were shown, and the argument that the sentence was manifestly excessive was not sufficiently powerful to justify an extension.

Source-derived case information.

Citation
[2002] JRC 226
Parties
Applicant: [Applicant Name Not Provided]; Respondent: Attorney General; Co Accused: John O'Connor
Jurisdiction
Jersey
Judgment Date
02 December 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time refused
Legal Topics
Appeal Out of Time, Sentencing, Disqualification From Driving, Community Service, Joint Enterprise
Criminal Law Road Traffic Law Appeal Out of Time Sentencing Disqualification From Driving Community Service Joint Enterprise

Source-derived case record

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Parties

[Applicant Name Not Provided]

Applicant

Attorney General

Respondent

John O'Connor

Co Accused

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted against sentence
  2. 2 Whether the period of disqualification was manifestly excessive
  3. 3 Whether the sentence imposed was lawful under the relevant statute

Ratio Decidendi

The grounds of appeal were not sufficiently strong to overcome the significant delay in seeking leave to appeal out of time; no substantial grounds for delay were shown, and the argument that the sentence was manifestly excessive was not sufficiently powerful to justify an extension.

Court Disposition

Leave to appeal out of time refused