Jersey Judgment

AG -v- Le Clercq [2016] JRC 057A (04 March 2016)

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Source document

01

Holding and result

Bail granted due to presumption in favor of bail, absence of prior record indicating risk, and insufficient evidence from the Crown to establish a sufficient risk to the public.

Court disposition

Bail granted with conditions; defendant remanded for trial.

Orders

  • Defendant to live with mother at specified premises.
  • Not to attend licensed premises except food shops.
  • Not to consume alcohol during bail.
  • Not to communicate with witnesses or co-accused.
  • Not to change address without Attorney General's prior written consent.
  • Appear in court at 9:30am on 5th May for plea and directions hearing.
  • Trial set for 10am on 14th June.

02

Material facts

Parties

Unknown Defendant

Defendant Counsel: Advocate Glynn

Crown

Prosecution

03

Procedural history

  1. Posture

    Criminal / Bail Application Prior to Trial

04

Questions and positions

Legal issues

Whether bail should be granted to the defendant pending trial

Party arguments

Applicant
The defendant has no record suggesting risk to the public and the presumption of bail applies.
Respondent
The Crown argued that the risk to the public was too great and the trial was only three months away.

05

Court’s reasoning

  1. 01

    General criminal law principles

    Presumption of bail unless sufficient risk to the public is established.

06

Ratio, limits and disposition

Ratio decidendi

Bail granted due to presumption in favor of bail, absence of prior record indicating risk, and insufficient evidence from the Crown to establish a sufficient risk to the public.

Obiter and limits

  • The defendant is lucky to be given bail and must strictly adhere to bail conditions.

Court disposition

Bail granted with conditions; defendant remanded for trial.

  • Defendant to live with mother at specified premises.
  • Not to attend licensed premises except food shops.
  • Not to consume alcohol during bail.
  • Not to communicate with witnesses or co-accused.
  • Not to change address without Attorney General's prior written consent.
  • Appear in court at 9:30am on 5th May for plea and directions hearing.
  • Trial set for 10am on 14th June.

Source and reliance status

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Judgment text

The complete available source text.

Source document

Court record

Judgment

[2016] JRC 057A

JUDGMENT THE BAILIFF: 1. You are remanded for trial on Indictment for 10am on 14 th June and for a plea and directions hearing at 9:30 in the morning on 5 th May. We are going to give you bail and I want to say something about that now.

2. You should know that the Jurats disagree on whether or not bail should be granted and I have exercised my discretion to grant you bail. One Jurat considered that the risk to the public was too great for the application to succeed and also that it was apparent that the trial was only a further three months away. The other considered that given the presumption of bail and the fact that there is nothing in your record to suggest the risk to the public which as the Crown suggests, that bail ought to be given. I have gone with the second Jurat having regard to the fact that because you have entered a not guilty plea to the charges on this Indictment and because therefore the record does not disclose any significant violence of this kind, we think the Crown has not established that there is a sufficient risk to the public but you can take those words very much to heart that you are lucky to be given bail today and therefore you had better make sure that you do perform all the conditions of bail.

3. The conditions of bail, as I understand it these were volunteered by Advocate Glynn so if they are not right you must tell us you do not agree with them. You are to live with your mother at the premises in which she occupies, you are not to attend licensed premises except food shops, you are not to consume alcohol during your time of bail. You should also not communicate with any witnesses or with your co-accused. Also you are not to change address without the Attorney General's prior written consent.

4. You must back in Court at 9:30 on 5 th May and the trial will take place on the th June. No Authorities Page Last Updated: 13 Apr 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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