Germain v R (CN 1A/2005) [2007] SCSC 1 (5 March 2007)

Germain v R (CN 1A/2005) [2007] SCSC 1 (5 March 2007)

The applicant failed to show good cause for the inordinate delay in filing the appeal. Ignorance of the law is not a valid excuse, and the right of appeal after a guilty plea is limited. The extension of time is not justified and is refused.

Citation
[2007] SCSC 1
Parties
Appellant: Roddy Germain; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 March 2007
Case Number
CN 1A/2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Outcome
application refused
Legal Topics
Extension of Time, Right of Appeal, Burglary, Guilty Plea, Mandatory Sentence
Source Language
English
Criminal Law Criminal Procedure Extension of Time Right of Appeal Burglary Guilty Plea Mandatory Sentence

Case Brief

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Parties

Roddy Germain

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to appeal out of time against conviction and sentence
  2. 2 Whether ignorance of law and consequences of guilty plea constitute valid grounds for delay
  3. 3 Whether the applicant has a right of appeal after pleading guilty

Ratio Decidendi

The applicant failed to show good cause for the inordinate delay in filing the appeal. Ignorance of the law is not a valid excuse, and the right of appeal after a guilty plea is limited. The extension of time is not justified and is refused.

Court Disposition

application refused