Bisson v AG [2023] JRC 212 (09 November 2023)

Bisson v AG [2023] JRC 212 (09 November 2023)

There was sufficient evidence for the Magistrate to convict the Appellant; procedural complaints did not amount to miscarriage of justice; sentence and restraining order were reasonable and proportionate.

Citation
[2023] JRC 212
Parties
Appellant: Erin Bisson; Complainant: Paul Tostevin; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
09 November 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Disorderly Conduct, Harassment, Appeal Procedure, Restraining Orders
Criminal Law Disorderly Conduct Harassment Appeal Procedure Restraining Orders

Case Brief

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Parties

Erin Bisson

Appellant

Paul Tostevin

Complainant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction was safe based on the evidence
  2. 2 Whether the sentence and restraining order were manifestly excessive or unreasonable
  3. 3 Whether procedural fairness was compromised by failure to call a defence witness

Ratio Decidendi

There was sufficient evidence for the Magistrate to convict the Appellant; procedural complaints did not amount to miscarriage of justice; sentence and restraining order were reasonable and proportionate.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • £300 fine confirmed (or 10 days imprisonment in default)