AG -v- Le Clercq [2016] JRC 057A (04 March 2016)
- Citation
- [2016] JRC 057A
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Bail Application Prior to Trial
More details
- Posture
- Criminal / Bail Application Prior to Trial
On this page
Professional case brief
Research organized from the available case record
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 GlynnCrown
Prosecution03
Procedural history
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
Legal principles
- 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
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 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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