Lewis and Others v AG [2012] JCA 153 (22 August 2012)

Lewis and Others v AG [2012] JCA 153 (22 August 2012)

The Greffe lacked legal authority to grant an extension of time to appeal; such power is vested solely in the Court of Appeal or a single judge. The purported extension granted by the Greffe was void. To avoid prejudice to the appellants, a further 14 days from receipt of this order is granted to file notices of appeal, with the opportunity to request further extension by 28 August 2012 if justified.

Citation
[2012] JCA 153
Parties
Putative Appellant: John Tasker Lewis; Putative Appellant: Ian Michael Christmas; Putative Appellant: Russell Philip Foot; Putative Appellant: James Cameron; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
22 August 2012
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Conviction
Outcome
Extension of time to appeal granted by the Court; previous extension by Greffe declared void.
Legal Topics
Extension of Time to Appeal, Notice of Appeal, Judicial Vs Administrative Powers
Criminal Law Appellate Procedure Extension of Time to Appeal Notice of Appeal Judicial Vs Administrative Powers

Case Brief

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Parties

John Tasker Lewis

Putative Appellant

Ian Michael Christmas

Putative Appellant

Russell Philip Foot

Putative Appellant

James Cameron

Putative Appellant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Conviction

Legal Issues

  1. 1 Whether the Greffe had legal authority to grant an extension of time to appeal against conviction
  2. 2 Whether a valid extension of time to appeal was granted
  3. 3 What extension, if any, should now be granted by the Court

Ratio Decidendi

The Greffe lacked legal authority to grant an extension of time to appeal; such power is vested solely in the Court of Appeal or a single judge. The purported extension granted by the Greffe was void. To avoid prejudice to the appellants, a further 14 days from receipt of this order is granted to file notices of appeal, with the opportunity to request further extension by 28 August 2012 if justified.

Court Disposition

Extension of time to appeal granted by the Court; previous extension by Greffe declared void.

Orders

  • Putative appellants granted 14 days from receipt of this order to file notices of appeal.
  • Appellants to indicate by 5pm on 28 August 2012 whether further extension is sought and reasons therefor.