AG v Hutchinson [2000] JRC 116 (23 June 2000)

AG v Hutchinson [2000] JRC 116 (23 June 2000)

The Magistrate erred by setting bail at a sum beyond the applicant's means; bail must be attainable if granted, and the matter must be reconsidered in light of all circumstances.

Citation
[2000] JRC 116
Parties
Applicant: Applicant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
23 June 2000
Procedural Posture
Bail Application Appeal / Appeal From Magistrate's Bail Decision
Outcome
appeal allowed
Legal Topics
Bail, Remand, False Pretences
Criminal Law Procedure Bail Remand False Pretences

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Attorney General

Respondent

Procedural Posture

Bail Application Appeal / Appeal From Magistrate's Bail Decision

Legal Issues

  1. 1 Whether bail set by the Magistrate was within the reasonable financial reach of the accused
  2. 2 Whether the Magistrate should have reconsidered bail in light of additional charges

Ratio Decidendi

The Magistrate erred by setting bail at a sum beyond the applicant's means; bail must be attainable if granted, and the matter must be reconsidered in light of all circumstances.

Court Disposition

appeal allowed

Orders

  • Matter remitted to the Magistrate's Court for reconsideration of bail in light of this judgment
  • Applicant to remain in custody pending reconsideration