X. v Att. Gen. [2011] JLR 166 (23 March 2011)

X. v Att. Gen. [2011] JLR 166 (23 March 2011)

The Court held that a costs order is not part of the sentence and therefore there is no right of appeal to the Court of Appeal against such an order under the Court of Appeal (Jersey) Law 1961, art. 24.

Citation
[2011] JLR 166
Parties
Appellant: X.; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
23 March 2011
Procedural Posture
Criminal Appeal / Appeal Against Costs Order
Outcome
appeal dismissed
Legal Topics
Costs, Appeals, Jurisdiction
Criminal Law Procedural Law Costs Appeals Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

X.

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Costs Order

Legal Issues

  1. 1 Whether there is a right of appeal to the Court of Appeal under the Court of Appeal (Jersey) Law 1961, art. 24 against an order of the Royal Court that a defendant pay prosecution costs
  2. 2 Whether a costs order is part of a 'sentence' under art. 44(1)

Ratio Decidendi

The Court held that a costs order is not part of the sentence and therefore there is no right of appeal to the Court of Appeal against such an order under the Court of Appeal (Jersey) Law 1961, art. 24.

Court Disposition

appeal dismissed