AG v Ramos [2019] JRC 254 (20 December 2019)
- Citation
- [2019] JRC 254
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Post Guilty Plea, Remand for Sentencing
More details
- Posture
- Criminal / Post Guilty Plea, Remand for Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
No exceptional circumstances found; principles from AG v Dixey and Pereira [2017] JRC 081 apply; defendant remanded in custody for sentencing.
Court disposition
Remanded in custody for sentence before the Superior Number.
Orders
- Remanded in custody for sentence at 10am on 2nd April.
- Order for Social Enquiry Report.
02
Material facts
Parties
Solicitor General
ProsecutorDefendant
Accused Counsel: Counsel03
Procedural history
Posture
Criminal / Post Guilty Plea, Remand for Sentencing
04
Questions and positions
Legal issues
- 01
Whether bail should be granted after guilty plea to serious assault involving a weapon
- 02
Whether exceptional circumstances exist to justify bail
Party arguments
- Applicant
- Defendant, through Counsel, accepted that the custody threshold has passed and that the matter is correct for the Superior Number.
- Respondent
- Solicitor General provided information regarding the seriousness of the assault and the defendant's history of not following court orders.
05
Court’s reasoning
Legal principles
- 01
AG v Dixey and Pereira [2017] JRC 081
Presumption in favour of bail no longer applies after guilty plea; exceptional circumstances required for bail.
06
Ratio, limits and disposition
Ratio decidendi
No exceptional circumstances found; principles from AG v Dixey and Pereira [2017] JRC 081 apply; defendant remanded in custody for sentencing.
Court disposition
Remanded in custody for sentence before the Superior Number.
- Remanded in custody for sentence at 10am on 2nd April.
- Order for Social Enquiry Report.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. You have pleaded guilty to three counts one of which is, on the information provided to us by the Solicitor General, a very serious assault indeed involving a weapon. By pleading guilty the presumption in favour of bail no longer applies and the Court takes other things into consideration.
2. You have a history of not necessarily following orders of the Court in the past, and you have accepted quite properly through Counsel that this is a matter correct for the Superior Number and that the custody threshold has passed.
3. We do not find that there are any exceptional circumstances and accordingly the principles set out in AG v Dixey and Pereira [2017] JRC 081 apply in this case and you are remanded in custody for sentence before the Superior Number at 10am on 2 nd April.
4. We also order a Social Enquiry Report. Authorities AG v Dixey and Pereira [2017] JRC 081 Page Last Updated: 06 Jan 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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