Jersey Judgment

AG -v- Huby [2018] JRC 056A (09 March 2018)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Bail is granted on the basis that the proposed conditions by counsel are sufficient to mitigate risks associated with release pending trial.

Court disposition

bail granted with conditions

Orders

  • Remanded for plea and directions hearing on 27th March at 9:30am
  • Newton Hearing scheduled for 31st May at 10:00am
  • Accused must reside at Havelock Guest House and not move without Attorney General's written consent
  • Surrender passport and driving licence to Viscount's Department
  • Not apply for replacement photographic identification without written permission
  • Not leave or attempt to leave the Island without Attorney General's written consent
  • Provide bail surety of £1,000 by 4:30pm today

02

Material facts

Amounts and remedies

  • Bail Surety: GBP 1,000

03

Procedural history

  1. Posture

    Criminal / Pre Trial

04

Questions and positions

Legal issues

Whether the accused should be granted bail and under what conditions

Party arguments

Applicant
Counsel proposed specific bail conditions for the accused.
Respondent
No argument from the respondent is recorded.

05

Court’s reasoning

  1. 01

    court order

    Bail may be granted subject to conditions to ensure attendance and prevent flight risk.

06

Ratio, limits and disposition

Ratio decidendi

Bail is granted on the basis that the proposed conditions by counsel are sufficient to mitigate risks associated with release pending trial.

Court disposition

bail granted with conditions

  • Remanded for plea and directions hearing on 27th March at 9:30am
  • Newton Hearing scheduled for 31st May at 10:00am
  • Accused must reside at Havelock Guest House and not move without Attorney General's written consent
  • Surrender passport and driving licence to Viscount's Department
  • Not apply for replacement photographic identification without written permission
  • Not leave or attempt to leave the Island without Attorney General's written consent
  • Provide bail surety of £1,000 by 4:30pm today

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2018] JRC 056A

JUDGMENT THE BAILIFF: 1. You are remanded for a plea and directions hearing on 27 th March at 9:30 in the morning, and the Newton Hearing will take place at 10 o'clock on 31 st May.

2. You are granted bail so you must be back in court for 9:30am on the 27 th March.

3. The conditions of bail are as proposed by your counsel; that is to say that:- (i) You must reside at Havelock Guest House and not move address without obtaining the prior written consent of the Attorney General. (ii) You must surrender your passport and driving licence to the Viscount's Department. (iii) Not apply for any replacement photographic identification without written permission. (iv) You must not leave or attempt to leave the Island without obtaining the prior written consent of the Attorney General. (v) And provide a bail surety of £1,000 to be paid by 4:30 today. No Authorities Page Last Updated: 23 Mar 2018 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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