Yates v AG [2003] JRC 131 (18 July 2003)
The appellant was in possession of the firearms within the meaning of the law, as he retained control and could have demanded their return at any time. The statutory time limit for appeal had expired, and no persuasive grounds for extension were established.
- Citation
- [2003] JRC 131
- Parties
- Appellant: Marc Sylvanus Dorey Yates; Respondent: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 18 July 2003
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Appeal Conviction
- Outcome
- application dismissed
- Legal Topics
- Firearms Offences, Appeal Procedure, Possession, Extension of Time
Case Brief
Summary, issues, holding and outcome
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Parties
Marc Sylvanus Dorey Yates
Appellant
Attorney General
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Conviction
Legal Issues
- 1 Whether the appellant was in possession of firearms without a valid certificate
- 2 Whether extension of time to appeal conviction should be granted after statutory period expired
Ratio Decidendi
The appellant was in possession of the firearms within the meaning of the law, as he retained control and could have demanded their return at any time. The statutory time limit for appeal had expired, and no persuasive grounds for extension were established.
Court Disposition
application dismissed
Orders
- Leave to appeal out of time is refused.
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