AG v Linstead [2024] JRC 079 (05 April 2024)
- Citation
- [2024] JRC 079
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Pre Sentencing Remand
More details
- Posture
- Criminal / Pre Sentencing Remand
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant committed another violent offence while on bail, eliminating any exceptional circumstances; therefore, remand in custody is required.
Court disposition
remanded in custody
Orders
- Update to Pre-Sentence Order
- Remanded in custody until sentencing on 10 June before the Superior Number
02
Material facts
Parties
Ms Linstead
Defendant03
Procedural history
Posture
Criminal / Pre Sentencing Remand
04
Questions and positions
Legal issues
Whether exceptional circumstances exist to justify bail for a convicted defendant pending sentencing
Party arguments
- Applicant
- Counsel submitted documentation from Silkworth Lodge and other arguments in support of bail.
- Respondent
- No respondent arguments recorded.
05
Court’s reasoning
Legal principles
- 01
Court policy
Policy of remanding convicted defendants in custody unless exceptional circumstances exist.
06
Ratio, limits and disposition
Ratio decidendi
The defendant committed another violent offence while on bail, eliminating any exceptional circumstances; therefore, remand in custody is required.
Court disposition
remanded in custody
- Update to Pre-Sentence Order
- Remanded in custody until sentencing on 10 June before the Superior Number
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 DEPUTY BAILIFF: 1. We order an update to the Pre-Sentence Order and assume that the report from the psychologist is in the course of preparation.
2. Ms Linstead, when this case came before the Court on 5 January, in a short judgment we recorded that the Indictment you then faced involved a savage and sustained attack on your victim, that you had pleaded guilty at the eleventh hour to a serious offence and that the policy of the courts in those circumstances was to remand a convicted defendant in custody unless there were exceptional circumstances. The Court was not aware, on that occasion, that whilst on bail last October you committed another offence of violence, another grave and criminal assault on a women with whom you had previously been in a relationship involving striking her twice in the face with a glass causing the glass to smash and causing injury to her.
3. Accordingly we are no longer able to find exceptional circumstances and you are remanded in custody until your sentence on 10 June before the Superior Number. We take into account all that has been said by your counsel and the documentation placed in front of us from Silkworth Lodge. No Authorities Page Last Updated: 18 Apr 2024 Back to top About JLIB Accessibility Contacts Copyright Disclaimer Feedback Privacy policy Site map BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.