Wakeham v Att. Gen. [2010] JLR 628 (03 December 2010)

Wakeham v Att. Gen. [2010] JLR 628 (03 December 2010)

The application to state a case was refused as frivolous because it was futile and academic; the Royal Court could not make any order as the appellant had already been discharged from prosecution.

Citation
[2010] JLR 628
Parties
Appellant: Wakeham; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
03 December 2010
Procedural Posture
Criminal Appeal / Application to State Case Refused
Outcome
application refused
Legal Topics
Appeals, Case Stated, Frivolous Applications, Interlocutory Decisions
Criminal Procedure Appeals Case Stated Frivolous Applications Interlocutory Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Wakeham

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application to State Case Refused

Legal Issues

  1. 1 Whether the application to state a case was frivolous under Magistrate's Court (Miscellaneous Provisions) (Jersey) Law 1949, art. 21(4)
  2. 2 Whether applications relating to interlocutory or case management decisions are ordinarily misconceived and/or hopeless
  3. 3 Whether the Royal Court can make any order when the appellant has been discharged from prosecution

Ratio Decidendi

The application to state a case was refused as frivolous because it was futile and academic; the Royal Court could not make any order as the appellant had already been discharged from prosecution.

Court Disposition

application refused