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Reasons for granting leave to appeal out of time against conviction by the Magistrate's Court.
This is an application for leave to appeal out of time against the applicant's conviction in the Magistrate's Court on 18th September, 2008, of one offence of having acted in contravention of Article 35 of the Children (Jersey) Law 2002 in that, having responsibility for a child under the age of 16, the applicant intentionally or recklessly caused harm to that child.
At the hearing, the court granted leave to appeal out of time, allowed the appeal, quashed the conviction and remitted the matter to the Magistrate's Court so that a re-trial could take place if the prosecution so elected. We now give the reasons for our decision.
The applicant lives with his wife and children. Also living at the family home at the time of the incident were his wife's children by a previous relationship. One of these we shall refer to as B. He was aged 12 at the material time.
On 2nd April, 2008, the applicant went by car to pick up B from an activity in which B had been participating. When he got there he observed B behaving very badly including hitting and spitting at a girl and calling her a " fucking Muslim ". B accepted at trial that he had behaved very badly.
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