Jersey Judgment

AG -v- Crespel [2010] JRC 044 (18 February 2010)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Bail is rescinded due to established breaches of bail conditions and exhaustion of Court's patience.

Court disposition

bail rescinded; remanded in custody

Orders

  • Defendant to be remanded in custody until 26 March 2010

02

Material facts

Parties

Mr Crespel

Defendant Counsel: Advocate Morley-Kirk

03

Procedural history

  1. Posture

    Criminal / Bail Hearing

04

Questions and positions

Legal issues

Party arguments

Applicant
Explanations were given for the alleged breaches of bail conditions relating to curfew and passport, citing medical condition and family impact.
Respondent
The Court found the explanations implausible and noted regular breaches of Court Orders over the last three or four years.

05

Court’s reasoning

  1. 01

    Court statement

    Actions of accused persons affect their families adversely and must be considered in advance.

06

Ratio, limits and disposition

Ratio decidendi

Bail is rescinded due to established breaches of bail conditions and exhaustion of Court's patience.

Obiter and limits

  • The Court has considerable sympathy for the mother's medical condition and its effect on the family.

Court disposition

bail rescinded; remanded in custody

  • Defendant to be remanded in custody until 26 March 2010

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2010] JRC 044

JUDGMENT THE DEPUTY BAILIFF: 1. The Court regards the offence, to which a guilty plea has been entered, as a very serious offence and there is a high probability that a custodial sentence will be imposed.

2. The Court has listened to Advocate Morley-Kirk and the explanations which have been given for the alleged breached of bail conditions in relation to the curfew and to the passport, and we regret to say that we do not really find those explanations to be plausible. The Court finds the breaches of bail conditions to be established and we have also noted that there have been regular breaches of Court Orders over the last three or four years.

3. The Court has found this very difficult because the Court has considerable sympathy for the mother's medical condition and the effect of that on the family. But it is trite but true that the actions of those who are before the Court do affect the families adversely and that is something that accused people should think about in advance.

4. Mr Crespel, I am sorry but it is your fault that you are in the position you are in at the moment, the Court's patience is finally exhausted. In the circumstances the bail is going to be rescinded and you are to be remanded in custody until the 26 th of March, 2010. No Authorities Page Last Updated: 26 May 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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