Driscoll v AG [2000] JCA 120 (29 June 2000)

Driscoll v AG [2000] JCA 120 (29 June 2000)

The applicant failed to demonstrate special circumstances of an important character to justify an extension of time for applying for leave to appeal; the sentence, though severe, was not manifestly excessive compared to similar cases.

Source-derived case information.

Citation
[2000] JCA 120
Parties
Appellant: Wayne Anthony Driscoll; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
29 June 2000
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Extension of Time for Appeal, Leave to Appeal, Sentencing, Drug Trafficking, Youth Detention
Criminal Law Appellate Procedure Extension of Time for Appeal Leave to Appeal Sentencing Drug Trafficking Youth Detention

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Parties

Wayne Anthony Driscoll

Appellant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether special circumstances justify extension of time to apply for leave to appeal against sentence
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The applicant failed to demonstrate special circumstances of an important character to justify an extension of time for applying for leave to appeal; the sentence, though severe, was not manifestly excessive compared to similar cases.

Court Disposition

application refused

Orders

  • Order made under Article 35 of the Court of Appeal (Jersey) Law, 1961 to prevent additional penalty for making the application