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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/179 - Jones v AG [1999] UR 179 (18 October 1999) URL: http://www.bailii.org/je/cases/UR/1999/179.html Cite as: [1999] UR 179 |
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ROYAL COURT
(Samedi Division)
18 October 1999
Before: F C Hamon, Deputy Bailiff
and Jurats Rumfitt and Tibbo
IN THE MATTER OF an application by SCOTT MATTHEW JONES for leave to appeal against his conviction on 22nd September, 1999, at a Criminal Assize, following a not guilty plea to: 1 count ofgrave and criminal assault.
(The Appellant was remanded in custody on 22nd September, 1999, following his said conviction for sentencing on 22nd October, 1999, by the Inferior Number of the Royal Court.]
Application by the Appellant to the Royal Court, under Article 35(2) of the Court of Appeal (Jersey) Law, 1961, for admission to bail pending the determination of his appeal against conviction
Advocate D E Le Cornu for the Appellant
Advocate S E Fitz, Crown Advocate
JUDGMENT
THE DEPUTY BAILIFF: We have before us an application for bail pending an appeal against conviction. The appellant is nineteen and was eighteen at the time he committed a grave and criminal assault. By all accounts it was a nasty and unprovoked ‘glassing’. He was found guilty by a jury of eleven - a juror had been dismissed by the Bailiff in circumstances outlined to us by Miss Fitz. We decline to enter into any discussion of the facts; suffice it to say that the appeal is to be heard at the end of January.
The Court of Appeal in Shewan-v-Attorney General (16 July 1999) Jersey Unreported, dealt with what they called a difficult and almost unprecedented situation that faced the court of trial, but at the end of the day a re-trial was ordered. We have considered the grounds of appeal that have been set out by Mr Le Cornu and have reached the conclusion that, on the technical point, there is a possibility - and we put it no higher than that - that the Court of Appeal might find a flaw in the proceedings at trial, but we give no indication of what we feel could be the outcome of the appeal.
Article 35(2) of the Court of Appeal (Jersey) Law, 1961, states that: "The Royal Court may, if it sees fit, on the application of an appellant, admit the appellant to bail pending the determination of his appeal." In A.G.-v- Mallet (1st March, 1991) Jersey Unreported; [1991] JLR N7, it was said that bail pending appeal should be granted only in exceptional circumstances, and that was extended by this Court in Stevenson-v-A.G. (26th March, 1999) Jersey Unreported, where the Court said: "Those exceptional circumstances have generally been construed in cases before this Court as circumstances where the appeal is likely to succeed or highly likely to succeed…"
It appears to us that there is a substantial point to be argued on misdirection and a successful application could result in a retrial being ordered, and we shall say no more about it than that.
We are going to grant bail in these circumstances, which we consider to be exceptional, in the sum of £500. You are to report to the Police once a week; you will live with your father; you will not enter licensed premises between now and the time of your appeal; and you will not leave the island. And, of course, as we have said to counsel, this decision must in no way trammel the sentencing court on Friday.
Authorities
A.G.-v- Mallet [1991] JLR N7.
Stevenson-v-A.G. (26th March, 1999) Jersey Unreported. [1999.159]
R.-v-Watton (1978) 68 Cr. App. R. 293.
R.-v-Blackwell (1995) 2 Cr. App. R. 625.
A.G.-v-Little (3rd August, 1998) Jersey Unreported. [1998.166]
A.G.-v-Mendes and Rodrigues (26th April, 1999) Jersey Unreported. [1999.073]
Shewan-v-A.G. (16th July, 1999) Jersey Unreported. [1999.129]
