AG v Frescata [2017] JRC 209A (08 December 2017)
- Citation
- [2017] JRC 209A
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Post Guilty Plea, Pre Sentencing
More details
- Posture
- Criminal / Post Guilty Plea, Pre Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Bail is granted with strict conditions to ensure the accused's presence at sentencing and prevent absconding.
Court disposition
bail granted pending sentencing
Orders
- accused must reside at stipulated address and not move without Attorney General's written consent
- accused must give immediate written notice of any change of address to specified authorities
- accused must surrender passport, Portuguese identity card, and any other photographic travel identification immediately
- accused must not leave or attempt to leave the Island without Attorney General's written consent, requested at least two days in advance
- accused must attend Probation Department when requested and report to police once a week
02
Procedural history
Posture
Criminal / Post Guilty Plea, Pre Sentencing
03
Questions and positions
Legal issues
bail conditions pending sentencing
04
Court’s reasoning
Legal principles
- 01
Court discretion
Bail may be granted with conditions to ensure attendance at sentencing and prevent flight.
05
Ratio, limits and disposition
Ratio decidendi
Bail is granted with strict conditions to ensure the accused's presence at sentencing and prevent absconding.
Court disposition
bail granted pending sentencing
- accused must reside at stipulated address and not move without Attorney General's written consent
- accused must give immediate written notice of any change of address to specified authorities
- accused must surrender passport, Portuguese identity card, and any other photographic travel identification immediately
- accused must not leave or attempt to leave the Island without Attorney General's written consent, requested at least two days in advance
- accused must attend Probation Department when requested and report to police once a week
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. In the light of your guilty plea you are to be sentenced by this Court at 10 o' clock on 19 th January. You are granted bail on conditions which are substantially those which have been given to your counsel just now and he will explain them to you. They are that:- (i) You must reside at the address stipulated and not move address without the prior written consent of the Attorney General. That consent must be sought not less than two days before you move. (ii) You must give immediate notice in writing of any change of address to the Viscount, to the States of Jersey Police, the Probation Service, and your advocate. (iii) You must surrender your passport, your Portuguese identity card and any other photographic identification that can be used for travel and that must be surrendered immediately. (iv) You must not leave or attempt to leave the Island without obtaining the prior written consent of the Attorney General and you must ask for that consent no less than two days before you intend to leave. (v) You must attend on the Probation Department whenever requested to do so and you must report to the police once a week.
2. If you do not return, if you leave and do not return and answer to your bail you will find yourself in serious trouble.
3. Very well the 19 th of January at 10 o'clock. No Authorities Page Last Updated: 18 Jan 2018 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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