AG -v- Bhojwani [2008] JRC 195A (13 November 2008)

AG -v- Bhojwani [2008] JRC 195A (13 November 2008)

Preparatory hearings will be limited to two specific Defence contentions to avoid unnecessary delay, with remaining legal issues to be addressed at pre-trial hearings. The court will not require Defence to justify calling prosecution witnesses at this stage, but will revisit the issue. Directions are given for the filing of arguments and scheduling of hearings to ensure timely progression to trial.

Citation
[2008] JRC 195A
Parties
Prosecution: The Crown; Defence: Defendant
Jurisdiction
Jersey
Judgment Date
13 November 2008
Procedural Posture
Criminal / Pre Trial Directions and Preparatory Hearings
Outcome
Directions issued for preparatory, admissions, and pre-trial hearings; applications for further directions permitted.
Legal Topics
Preparatory Hearings, Pre Trial Procedure, Admissions, Disclosure, Witness Attendance, Transposition of Offences
Criminal Law Evidence Preparatory Hearings Pre Trial Procedure Admissions Disclosure Witness Attendance Transposition of Offences

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defence

Procedural Posture

Criminal / Pre Trial Directions and Preparatory Hearings

Legal Issues

  1. 1 Whether certain legal arguments should be heard at preparatory or pre-trial hearings
  2. 2 Whether misconduct in public office can be the subject of transposition
  3. 3 Whether Foster Fraud requires operative deception

Ratio Decidendi

Preparatory hearings will be limited to two specific Defence contentions to avoid unnecessary delay, with remaining legal issues to be addressed at pre-trial hearings. The court will not require Defence to justify calling prosecution witnesses at this stage, but will revisit the issue. Directions are given for the filing of arguments and scheduling of hearings to ensure timely progression to trial.

Court Disposition

Directions issued for preparatory, admissions, and pre-trial hearings; applications for further directions permitted.

Orders

  • Further preparatory hearing to be held in early December 2008 on Foster Fraud and transposition issues.
  • Defence and Prosecution to file skeleton arguments 10 and 5 days before hearings, respectively.