AG v Grihault [2023] JRC 162 (08 September 2023)

AG v Grihault [2023] JRC 162 (08 September 2023)

The Magistrate was entitled to conclude, based on the evidence and legal principles, that there were substantial grounds for believing the Appellant would commit further offences on bail and that a custodial sentence was likely. The refusal of bail was not unreasonable.

Citation
[2023] JRC 162
Parties
Appellant: Appellant; Respondent: Magistrate
Jurisdiction
Jersey
Judgment Date
08 September 2023
Procedural Posture
Criminal Appeal / Appeal Against Bail Refusal
Outcome
appeal dismissed
Legal Topics
Bail, Remand, Custody Threshold, Mitigation
Criminal Law Procedure Bail Remand Custody Threshold Mitigation

Case Brief

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Parties

Appellant

Appellant

Magistrate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Bail Refusal

Legal Issues

  1. 1 Was the Magistrate's refusal to grant bail unreasonable in all the circumstances?
  2. 2 Did the Magistrate properly weigh the Appellant's previous good character, guilty plea, and possible mitigation from head injury?
  3. 3 Were bail conditions sufficient to address concerns of further offending?

Ratio Decidendi

The Magistrate was entitled to conclude, based on the evidence and legal principles, that there were substantial grounds for believing the Appellant would commit further offences on bail and that a custodial sentence was likely. The refusal of bail was not unreasonable.

Court Disposition

appeal dismissed

Orders

  • Psychological report to be prepared on expedited basis for sentencing on 9 October.
  • Steps to identify expert for report to be taken immediately.