1999/59 - AG v Stevenson [1999] UR 59 (26 March 1999)

The application, under Article 24(b) of the Court of Appeal (Jersey) Law, 1961, of ALEXANDER MCMILLAN STEVENSON for leave to appeal against his CONVICTION at a Criminal Assize on 3 November, 1998, following a not guilty plea, entered on 17 July 1998, to:

1 count of robbery; and

The application, under Article 24(c) of the Court of Appeal (Jersey) Law, 1961, of ALEXANDER MCMILLAN STEVENSON for leave to appeal against a TOTAL SENTENCE OF FOUR YEARS AND ONE MONTH IMPRISONMENT, passed on 2 December 1998 [1998.244], by the Superior Number of the Royal Court, to which the Appellant was remanded on 3 November 1998, following his conviction on the said count of robbery, on which count a sentence of 4 years imprisonment was passed; and following a guilty plea, entered on 17 July 1998 to 1 count of possession of a controlled drug (cannabis resin), contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978, on which count a sentence of 1 month imprisonment, consecutive, was passed.

Leave to appeal against conviction and sentence was refused by the Bailiff on 4 January 1999. The Appellant exercised his entitlement, under Article 39 of the Court of Appeal (Jersey) Law, 1961, to renew the application to the plenary Court on 6 January 1999.

Application, under Article 35(2) of the Court of Appeal (Jersey) Law, 1961, for admission to bail pending determination of an application for leave to appeal against conviction and sentence to be heard on 14 June 1999

THE BAILIFF: As the Attorney General has stated, the law applicable to this application is crystal clear. Once an accused person has been convicted of an offence and sentenced to a term of imprisonment, bail is only allowed pending appeal if there are exceptional circumstances. 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 or alternatively where the sentence might be completed before the appeal is heard. It is not necessary for this Court to hazard any opinion as to whether this appeal will or will not succeed. What this Court can say is that no material has been laid before it which persuades it that the appeal is likely or highly likely to be successful and the application is accordingly refused.

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Jersey Unreported Judgments