AG v O'Brien [2024] JRC 096 (19 April 2024)
- Citation
- [2024] JRC 096
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Pre Trial Directions
More details
- Posture
- Criminal / Pre Trial Directions
On this page
Professional case brief
Research organized from the available case record
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
DefendantCrown
Prosecution03
Procedural history
Posture
Criminal / Pre Trial Directions
04
Questions and positions
Legal issues
- 01
consequences of refusal to attend court
- 02
impact on bail applications
- 03
impact on sentencing
05
Court’s reasoning
Legal principles
- 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.
Court record
Judgment
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
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