AG v McMahon [2020] JRC 053B (27 March 2020)
- Citation
- [2020] JRC 053B
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bail Application / Interlocutory
More details
- Posture
- Bail Application / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Given the seriousness of the offence resulting in loss of life and the inevitability of a custodial sentence, bail is refused to protect public safety and ensure access to medical care.
Court disposition
application refused
Orders
- Bail application refused.
02
Material facts
Parties
Mr McMahon
Applicant Counsel: Advocate BellCrown
Respondent Counsel: Crown Advocate03
Procedural history
Posture
Bail Application / Interlocutory
04
Questions and positions
Legal issues
Whether bail should be granted to an accused charged with causing death in a drunken brawl
Party arguments
- Applicant
- Advocate Bell argued for bail, emphasizing the applicant's circumstances and potential risks outside custody.
- Respondent
- Crown Advocate opposed bail, highlighting the seriousness of the offence and public safety concerns.
05
Court’s reasoning
Legal principles
- 01
general criminal law principle
Bail may be refused where the offence is serious and public safety is at risk.
06
Ratio, limits and disposition
Ratio decidendi
Given the seriousness of the offence resulting in loss of life and the inevitability of a custodial sentence, bail is refused to protect public safety and ensure access to medical care.
Obiter and limits
- The Court noted that the applicant would be safer in custody than in the community, particularly in light of Covid-19 precautions at HMP La Moye.
Court disposition
application refused
- Bail application refused.
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 Lieutenant BAILIFF: 1. The Court is unanimously of the view that this application must be refused.
2. Advocate Bell, we have listened very carefully to everything you have said, but the fact of the matter is that this was a very serious offence and someone has lost his life in consequence of it. The Court, without second guessing the Superior Number in due course, feels that a custodial sentence of some length is inevitable; society as a whole would be appalled if the Court did not imprison someone who had killed a man in a drunken brawl.
3. Your client has been offered a secure place at HMP La Moye. We are told by the Crown Advocate that there are no known cases of Covid 19 there. The prison is curtailing visitors and an isolation unit is being offered. We are not in doubt that Mr McMahon would be safer there than in the community, and we also take into account that he would have better access to medical help while in custody.
4. Therefore the application is refused. No Authorities Page Last Updated: 07 May 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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