AG -v- T [2014] JRC 098 (24 April 2014)

AG -v- T [2014] JRC 098 (24 April 2014)

The application for adjournment was refused because the defence failed to provide sufficient detail about the witnesses, their evidence, and the arrangements for video-link testimony; the application was procedurally deficient, and an open-ended adjournment was not justified given the lack of progress and the interests of justice in expedition.

Citation
[2014] JRC 098
Parties
Prosecution: The Crown; Defence: Defendant
Jurisdiction
Jersey
Judgment Date
24 April 2014
Procedural Posture
Criminal / Pre Trial Application for Adjournment
Outcome
application for adjournment refused
Legal Topics
Adjournment of Trial, Video Link Evidence, Witness Availability, Hearsay, International Cooperation in Criminal Matters
Criminal Law Evidence Law Procedure Adjournment of Trial Video Link Evidence Witness Availability Hearsay International Cooperation in Criminal Matters

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defence

Procedural Posture

Criminal / Pre Trial Application for Adjournment

Legal Issues

  1. 1 Whether the defence application for adjournment of the trial should be granted
  2. 2 Whether evidence from overseas witnesses can be admitted via video-link or Skype
  3. 3 Whether late application for transcript of prison telephone call justifies adjournment

Ratio Decidendi

The application for adjournment was refused because the defence failed to provide sufficient detail about the witnesses, their evidence, and the arrangements for video-link testimony; the application was procedurally deficient, and an open-ended adjournment was not justified given the lack of progress and the interests of justice in expedition.

Court Disposition

application for adjournment refused

Orders

  • Trial to proceed as scheduled
  • No adjournment granted for defence to secure overseas or additional Jersey witnesses