Shawn Campbell, Adidja Palmer, Kahira Jones and Andre St John v The King No 2 (Jamaica)
[2024] UKPC 6
Ray Morgan v The King (Jamaica)
11 July 2023
[2023] UKPC 25
Privy Council
A man was wrongly denied an appeal against his prison sentence due to a paperwork mix-up. A higher court said this was unfair, and the appeal will now happen, even though he's already served his time. This is important because it could help him get compensation, and it will also highlight problems with the justice system.
Key Facts
- •Ray Morgan (appellant) was convicted in 2011 on four counts of obtaining money by false pretences and sentenced to 12 years' imprisonment (3 years consecutive for each count).
- •He gave verbal notice of appeal against conviction and sentence but failed to file written grounds of appeal against conviction. Due to administrative error, his grounds of appeal against sentence were sent to the wrong court.
- •The Court of Appeal deemed his appeal abandoned due to the late filing. They refused to exercise their discretion under the proviso of section 296(1) of the Resident Magistrates Act to hear the appeal despite the administrative error.
- •The appellant had served his sentence by the time the appeal reached the Court of Appeal.
- •The appeal concerns the Court of Appeal's refusal to exercise its discretion under the proviso of section 296(1) and the legality of the 12-year sentence.
Legal Principles
Section 296(1) of the Resident Magistrates Act deems an appeal abandoned if grounds of appeal are not filed within 21 days, but provides a proviso allowing the Court of Appeal to hear the appeal for good cause.
Resident Magistrates Act
The Court of Appeal has discretion under the proviso of section 296(1) to hear an appeal despite late filing of grounds, considering factors such as merit and the interests of justice.
Resident Magistrates Act
Section 31(3) of the Judicature (Appellate Jurisdiction) Act states that time spent in custody pending appeal generally doesn't count towards a sentence unless the Court of Appeal directs otherwise.
Judicature (Appellate Jurisdiction) Act
Section 19(1) of the Jamaican Constitution allows applications to the Supreme Court for redress if constitutional rights are contravened.
Jamaican Constitution
Section 268(2) of the Resident Magistrates Act limits sentences imposed by Magistrate’s Courts to a maximum of 3 years imprisonment, regardless of multiple counts.
Resident Magistrates Act
Outcomes
The Privy Council allowed the appeal.
The Court of Appeal erred in refusing to exercise its discretion under the proviso. The appeal was not ‘academic’ as it could inform a constitutional redress claim and impact the appellant's criminal record. The Court of Appeal wrongly considered the judicial system’s failure to produce the record as a countervailing criterion.
The case was remitted to the Court of Appeal to hear and determine the appeal against sentence.
The Court of Appeal is better placed than the Privy Council to determine appropriate sentences in Jamaica and address systemic issues.