AG v Ferguson [2019] JRC 253 (20 December 2019)
- Citation
- [2019] JRC 253
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Bail Application
More details
- Posture
- Criminal / Bail Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant is granted bail due to strong community ties, employment prospects, and persuasive support from partner, despite concerns about criminal record, subject to strict conditions.
Court disposition
bail granted with conditions
Orders
- Applicant must remain at the correct address.
- Applicant must give notice of any change of address to specified individuals.
- Applicant must surrender passport and photographic identification.
- Applicant must not leave or attempt to leave the island.
- Applicant must attend the Probation Service as required.
- Applicant must not approach or contact directly or indirectly two named individuals.
- Applicant must report to Police Headquarters weekly.
- Applicant must not drive or ride any motor vehicle.
- Applicant is remanded on bail to 24th February at 10am and 16th March for trial.
02
Procedural history
Posture
Criminal / Bail Application
03
Questions and positions
Legal issues
Whether the applicant should be granted bail given the circumstances and criminal record
Party arguments
- Applicant
- Applicant relies on presumption in favour of bail, strong island connections, prospect of work, and a supportive letter from partner.
- Respondent
- Concerns raised regarding elements of applicant's record and communicated circumstances.
04
Court’s reasoning
Legal principles
- 01
general criminal law principle
Presumption in favour of bail unless sufficient cause for refusal exists.
05
Ratio, limits and disposition
Ratio decidendi
The applicant is granted bail due to strong community ties, employment prospects, and persuasive support from partner, despite concerns about criminal record, subject to strict conditions.
Obiter and limits
- The court strongly urges the applicant to keep away from alcohol, though this is not a bail condition.
Court disposition
bail granted with conditions
- Applicant must remain at the correct address.
- Applicant must give notice of any change of address to specified individuals.
- Applicant must surrender passport and photographic identification.
- Applicant must not leave or attempt to leave the island.
- Applicant must attend the Probation Service as required.
- Applicant must not approach or contact directly or indirectly two named individuals.
- Applicant must report to Police Headquarters weekly.
- Applicant must not drive or ride any motor vehicle.
- Applicant is remanded on bail to 24th February at 10am and 16th March for trial.
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 BAILIFF: 1. You have pleaded not guilty to the offences with which you are charged and accordingly there is a presumption in favour of bail in your case.
2. There are certainly elements of your record and the circumstances that have been communicated to us, which cause the Court an element of concern. However, we take into account that your connections with the island are clear and of long standing, and that you have the prospect of work and we have no reason not to accept you have an excellent work ethic, and we are persuaded by the very clear letter that your partner has provided to us, that we should admit you to bail on this occasion subject to the conditions that hopefully have been communicated to you by your counsel. We will hand down a copy of those conditions but they will amongst other things mean that:- (i) You must remain at the correct address, (ii) You must give notice of any change of address to certain individuals, (iii) You must surrender your passport and other photographic identification, (iv) You must not leave or attempt to leave the island, (v) You must attend as required the Probation Service, (vi) You must not approach or contact directly or indirectly two named individuals, (vii) You must report to Police Headquarters weekly, and (viii) You must not drive or ride any motor vehicle.
3. We strongly urge that you keep away from alcohol, but those are not conditions of bail.
4. Clearly if there are breach of the conditions that we grant bail subject to then bail will automatically be revoked and you will automatically return to custody.
5. We remand you on bail on the terms and conditions we have said to the 24 th February at 10am and 16 th March thereafter to stand your trial before the Court. No Authorities Page Last Updated: 03 Jan 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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