Appeals,Laws Second appeal success

Second appeal success

In the case of Burgess v AG, 2DS 2021/25, Appeal Division (HH Storey QC, HH Montgomerie), the appellant’s sentence for assaulting an officer was reduced from 12 months to 4 months. However, she was sentenced for many other offences. The Court reduced the net sentence to 8 months. This appeal followed her success in Burgess AG, Summary Court (HW Brooks), 7 Dec 2021 when she successfully applied to re-open and revoke seven of eight convictions for procedural errors. The Magistrates had failed to follow the statutory procedures in respect of mode of trial. Whilst the statutory procedure regarding the right to request trial by jury was not followed in respect of the assault charge, His Worship held that it was not fatal since, in contrast to the historic English legislation on which the old provision was based, there was only a right to request jury trial – not a right to elect (i.e. to require) such a trial. It is noted that due to statutory reforms, the technical points raised in the Summary case may soon become academic.

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