La Solitude v Att. Gen. [1985] JLR 1 (20 April 1983)
- Citation
- [1985] JLR 1
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time
More details
- Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A point of law not taken below does not constitute a special circumstance of important character sufficient to justify extension of time to appeal.
Court disposition
application dismissed
02
Material facts
Parties
La Solitude
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
04
Questions and positions
Legal issues
Whether time to appeal can be extended if a point of law not taken below is raised as a special circumstance
Party arguments
- Applicant
- Sought extension of time to appeal on the basis of a point of law not raised at trial.
- Respondent
- Opposed extension, arguing that raising a new point of law is not a special circumstance justifying extension.
05
Court’s reasoning
Legal principles
- 01
Jersey criminal procedure
Time to appeal may only be extended if there are special circumstances of an important character.
06
Ratio, limits and disposition
Ratio decidendi
A point of law not taken below does not constitute a special circumstance of important character sufficient to justify extension of time to appeal.
Court disposition
application dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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