R v Jessop CA13/00

Case

[2005] NZCA 425

19 December 2005


Details
AGLC Case Decision Date
R v Jessop CA13/00 [2005] NZCA 425 [2005] NZCA 425 19 December 2005

CaseChat Overview and Summary

Emelysifa Jessop appeals against her conviction and sentence for aggravated robbery, after having successfully appealed against her conviction at the Privy Council. The appeal against conviction fails for a number of reasons, including the failure to demonstrate any prejudice to the appellant in the identification process, the unlawfulness of the arrest, the admissibility of the video interview of the appellant, the re-committal of the appellant to the High Court for trial, the delay in the trial and appeal processes, the absence of any bias on the part of the trial Judge, the failure to confront the victim, and the appropriateness of the summing up by the Judge. The appeal against sentence also fails, as the sentence was within the range of available sentences for aggravated robbery and took into account the appellant’s youth, pre-existing criminal record, and pregnancy. The Court also dismisses Mr Ellis’ complaint about the composition of the division hearing the appeal. The appeal against conviction and sentence is dismissed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Jurisdiction

  • Unlawful Arrest

  • Breach of Contract

  • Unjust Enrichment

  • Sentencing

  • Bias

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

Webb v the Queen [1994] HCA 30
McKinney v The Queen [1991] HCA 6
Nicholls v The Queen [2005] HCA 1