Le Pavoux -v- AG [2016] JRC 115 (05 July 2016)

Le Pavoux -v- AG [2016] JRC 115 (05 July 2016)

Convictions on charges 2 and 3 were set aside due to insufficient evidence to support the prosecution case. The conviction on charge 1 was upheld as there was sufficient evidence upon which the Relief Magistrate could reasonably convict, and no miscarriage of justice was found in the conduct of the defence.

Citation
[2016] JRC 115
Parties
Appellant: Paul Anthony Le Pavoux; Respondent: The Crown; Former Legal Representative: Advocate Fitz
Jurisdiction
Jersey
Judgment Date
05 July 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; convictions on charges 2 and 3 set aside; conviction on charge 1 upheld.
Legal Topics
Common Assault, Breach of the Peace, Miscarriage of Justice, Legal Representation, Appeal Procedure
Criminal Law Common Assault Breach of the Peace Miscarriage of Justice Legal Representation Appeal Procedure

Case Brief

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Parties

Paul Anthony Le Pavoux

Appellant

The Crown

Respondent

Advocate Fitz

Former Legal Representative

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether there was sufficient evidence to convict on charges of common assault
  2. 2 Whether there was a miscarriage of justice due to inadequate legal representation
  3. 3 Whether the sentence was manifestly excessive or wrong in principle

Ratio Decidendi

Convictions on charges 2 and 3 were set aside due to insufficient evidence to support the prosecution case. The conviction on charge 1 was upheld as there was sufficient evidence upon which the Relief Magistrate could reasonably convict, and no miscarriage of justice was found in the conduct of the defence.

Court Disposition

Appeal allowed in part; convictions on charges 2 and 3 set aside; conviction on charge 1 upheld.

Orders

  • Crown ordered to pay two thirds of the appellant's costs in the Royal Court and below.