1998/231 - AG v Young [1998] UR 231 (23 November 1998)

1998/231 - AG v Young [1998] UR 231 (23 November 1998)

No objective bias arises from the same judges hearing both conviction and sentence appeals absent special circumstances; recusal not required. Extension of time and leave to appeal granted. Appellant status requires formal notice within statutory period.

Citation
[1998] UR 231
Parties
Respondent: AG; Applicant: Robert John Young
Jurisdiction
Jersey
Judgment Date
23 November 1998
Procedural Posture
Criminal Appeal / Application for Extension of Time, Leave to Appeal, and Bail Pending Appeal
Outcome
Extension of time and leave to appeal against conviction granted; recusal application dismissed; bail application to be made first to Royal Court.
Legal Topics
Recusation, Apparent Bias, Extension of Time, Leave to Appeal, Bail Pending Appeal

Case Brief

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Parties

AG

Respondent

Robert John Young

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time, Leave to Appeal, and Bail Pending Appeal

  1. 1 Whether the judge should recuse himself due to apparent bias from prior involvement in sentencing appeal
  2. 2 Whether the appellant needs and should be granted an extension of time and leave to appeal against conviction
  3. 3 Eligibility and procedure for bail pending appeal

Ratio Decidendi

No objective bias arises from the same judges hearing both conviction and sentence appeals absent special circumstances; recusal not required. Extension of time and leave to appeal granted. Appellant status requires formal notice within statutory period.

Court Disposition

Extension of time and leave to appeal against conviction granted; recusal application dismissed; bail application to be made first to Royal Court.

Orders

  • Extension of time granted for leave to appeal or notice of appeal against conviction.
  • Leave to appeal against conviction granted.