Jersey Judgment

AG v O'Brien [2024] JRC 096 (19 April 2024)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant's refusal to attend court will be noted and may affect both sentencing and future bail applications.

Court disposition

directions issued

Orders

  • Not guilty plea entered for Count 7 due to defendant's refusal to attend.
  • Crown to note refusal on local conviction record.
  • Prosecution's summary of facts and conclusions to expressly take into account refusal to attend if convicted.

02

Material facts

Parties

Defendant

Defendant

Crown

Prosecution

03

Procedural history

  1. Posture

    Criminal / Pre Trial Directions

04

Questions and positions

Legal issues

05

Court’s reasoning

  1. 01

    court direction

    Refusal to attend court may impact sentencing and bail applications.

06

Ratio, limits and disposition

Ratio decidendi

The defendant's refusal to attend court will be noted and may affect both sentencing and future bail applications.

Obiter and limits

  • Anyone who fails to attend court in these circumstances should know that there will be consequences for them, both in terms of sentence and any future applications for bail when they are at liberty.

Court disposition

directions issued

  • Not guilty plea entered for Count 7 due to defendant's refusal to attend.
  • Crown to note refusal on local conviction record.
  • Prosecution's summary of facts and conclusions to expressly take into account refusal to attend if convicted.

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.

Source document

Court record

Judgment

[2024] JRC 096

JUDGMENT THE DEPUTY BAILIFF: 1. The Defendant has refused to attend so we will direct that a not guilty plea be entered in relation to Count 7. He has already been notified by the prison authorities that we will invite the Crown to, if at all possible, make a note on his local conviction record to the effect that he has refused to attend Court this morning so that can be taken into account including when he is at liberty in relation to any applications for bail. It is a request we have made in other cases.

2. The second direction that we want to make, and again this needs to be communicated to the Defendant, is that in the event of him being convicted by the Jurats in November then we direct that the Prosecution's summary of facts and conclusions expressly take into account his refusal to attend court so that if he is convicted his sentence will reflect and take into account his refusal to attend court today.

3. Anyone who fails to attend court in these circumstances should know that there will be consequences for them, both in terms of sentence and any future applications for bail when they are at liberty. No Authorities Page Last Updated: 25 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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

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.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.