Jersey Judgment

AG v Linstead [2024] JRC 079 (05 April 2024)

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Professional case brief

Research organized from the available case record

Source document

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

Defendant

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2024] JRC 079

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

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