Jersey Judgment

Att. Gen. v Doyle [1978] JLR 93 (07 March 1978)

Criminal Law Criminal Procedure Appeals Abandonment of Appeal Withdrawal of Abandonment

Citation: [1978] JLR 93
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Appeal Abandonment

More details

Posture: Criminal Appeal / Appeal Abandonment

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Source document

Holding and result

A notice of abandonment of appeal cannot be withdrawn unless the appellant establishes that the abandonment was influenced by mistake or fraud.

Court disposition

appeal abandonment stands

Material facts

Parties

Attorney General

Applicant

Doyle

Respondent

Procedural history

Posture

Criminal Appeal / Appeal Abandonment

Questions and positions

Legal issues

01
Whether a notice of abandonment of appeal can be withdrawn
02
What circumstances justify withdrawal of abandonment of appeal

Party arguments

Applicant: The abandonment of appeal should not be withdrawn unless influenced by mistake or fraud.
Respondent: The respondent seeks to withdraw the abandonment of appeal.

Court’s reasoning

Legal principles

01
Att. Gen. v Doyle [1978] JLR 93

No withdrawal of notice of abandonment of appeal unless appellant establishes abandonment was influenced by mistake or fraud.

Ratio, limits and disposition

Ratio decidendi

A notice of abandonment of appeal cannot be withdrawn unless the appellant establishes that the abandonment was influenced by mistake or fraud.

Court disposition

appeal abandonment stands

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Judgment

[1978] JLR 93

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Att. Gen. v Doyle [1978] JLR 93

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