Jersey Judgment

AG v Richardson [2024] JRC 217 (18 October 2024)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Upon the defendant's death prior to sentencing, the indictment is endorsed as of no legal effect and the file is closed.

Court disposition

proceedings abated due to death of defendant

Orders

  • Indictment endorsed as of no legal effect
  • File closed unless court otherwise orders

02

Material facts

Parties

Alan John Richardson

Defendant

Crown

Prosecution

Amounts and remedies

  • Age of Defendant at Plea: 79

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Effect of defendant's death prior to sentencing on criminal proceedings

Party arguments

Applicant
N/A (defendant deceased, no argument presented)
Respondent
N/A (prosecution consented to endorsement of indictment as of no legal effect)

05

Court’s reasoning

  1. 01

    Archbold Criminal Pleading, Evidence and Practice at 3-237

    Where a defendant dies before sentencing, the indictment may be endorsed as of no legal effect and proceedings closed.

06

Ratio, limits and disposition

Ratio decidendi

Upon the defendant's death prior to sentencing, the indictment is endorsed as of no legal effect and the file is closed.

Court disposition

proceedings abated due to death of defendant

  • Indictment endorsed as of no legal effect
  • File closed unless court otherwise orders

Source and reliance status

Official court record

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Judgment text

The complete available source text.

Source document

Court record

Judgment

[2024] JRC 217

JUDGMENT THE DEPUTY BAILIFF: 1. Alan John Richardson was committed to this Court for trial charged with four offences of making indecent images of children contrary to Article 2 of the Protection of Children (Jersey) Law 1994 . He pleaded guilty to those offences on 6 September 2024 and was remanded in custody to today to be sentenced by the Inferior Number.

2. The Defendant was born in 1945 and was thus aged 79 when he pleaded guilty to these offences. We have heard evidence from Christopher Samuel Houghton, a healthcare manager at HMP La Moye, who knew the Defendant and was on duty on the 1 October 2024 when the Defendant was found unresponsive in his cell and was subsequently recorded as having died. We have also seen an interim certificate of the fact of death issued by the relief coroner dated 16 October 2024 recording the fact that the Defendant died on 1 October 2024 at the prison.

3. In the circumstances, in accordance with the practice suggested in Archbold at 3-237 and with the consent of both counsel, the Indictment has been endorsed in the following terms:- "Christopher Samuel Houghton, Healthcare Manager at HMP La Moye, having given evidence on oath that the man declared dead at HMP La Moye on 1 st October 2024 was Alan John Richardson, who had been committed to prison by the Royal Court on 6 th September 2024, having pleaded guilty to the Indictment, it was ordered that the Indictment be endorsed as aforesaid and declared now of no legal effect, and that the file be closed unless and until the court on cause being shown, otherwise orders." Authorities Protection of Children (Jersey) Law Archbold Criminal Pleading, Evidence and Practice. Page Last Updated: 25 Oct 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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Authorities

Authorities used by the court

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

Protection of Children (Jersey) Law 1994

Legislation

Legislation referenced in the available case record.

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