AG -v- Crespel [2010] JRC 044 (18 February 2010)
- Citation
- [2010] JRC 044
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Bail Hearing
More details
- Posture
- Criminal / Bail Hearing
On this page
Professional case brief
Research organized from the available case record
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Bail is rescinded due to established breaches of bail conditions and exhaustion of Court's patience.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bail rescinded; remanded in custody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-Kirk03
Procedural history
Posture
Criminal / Bail Hearing
04
Questions and positions
Legal issues
- 01
Whether the defendant breached bail conditions
- 02
Whether bail should be rescinded
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
Legal principles
- 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Bail is rescinded due to established breaches of bail conditions and exhaustion of Court's patience.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bail rescinded; remanded in custody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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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