Can this be done under the procedure as it stands? This was a criminal appeal case afterall.
Porfirio,
The appellate laws still allow appeals even after a decision is reached in the highest court of the land. There are provisions in common law and in the Court Judicature Act for such a process.
Generally, when a decision that is made was based on flawed representations, (as in this case defence counsel had acknowledged having misled the court), that would manifestly diminish the dispensation of justice, the AG can and should appeal that decision and tender evidence to that effect.
The rule of thumb is that when sentencing is manifestly inadequate the AG may seek to have that sentence re-evaluated. This is wholly appropriate in this case where the mandatory jail sentence was a mere day when in practice it should be up to 2 years.
This gross inadequacy and inconsistency, no matter how hard the Justices try to say that is a one off thing and should not be used as precedent, shows that they recognise their own failure and have done nothing to rectify it or act pro-actively so that justice is indeed done.
I'm not sure but many are saying because of her connections the AG will not be looking into it any further.
Cheers,
MentisMortis