Jersey Judgment

Att. Gen. v Kelly [1982] JLR 275 (08 September 1981)

Criminal Law Procedure Autrefois Acquit Examining Magistrate Dismissal for Lack of Evidence

Citation: [1982] JLR 275
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Appeal

More details

Posture: Criminal / Appeal

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Professional case brief

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Source document

Holding and result

Dismissal of a case by a Magistrate sitting as examining magistrate for lack of evidence does not constitute an acquittal and cannot support a plea of autrefois acquit.

Court disposition

plea of autrefois acquit rejected

Material facts

Parties

Attorney General

Applicant

Kelly

Respondent

Procedural history

Posture

Criminal / Appeal

Questions and positions

Legal issues

Whether dismissal of a case by a Magistrate sitting as examining magistrate for lack of evidence constitutes a basis for a plea of autrefois acquit

Party arguments

Applicant: The dismissal of a case by an examining magistrate for lack of evidence does not amount to an acquittal and cannot be the basis for a plea of autrefois acquit.
Respondent: The respondent contends that the dismissal should be treated as an acquittal, supporting a plea of autrefois acquit.

Court’s reasoning

Legal principles

01
Att. Gen. v Kelly [1982] JLR 275

A Magistrate sitting as examining magistrate is not concerned with guilt or innocence, and dismissal for lack of evidence is not an acquittal.

Ratio, limits and disposition

Ratio decidendi

Dismissal of a case by a Magistrate sitting as examining magistrate for lack of evidence does not constitute an acquittal and cannot support a plea of autrefois acquit.

Court disposition

plea of autrefois acquit rejected

Source and reliance status

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Court record

Judgment

[1982] JLR 275

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Kelly [1982] JLR 275 (08 September 1981) URL: https://www.bailii.org/je/cases/JLR/1981/JLR820275.html Cite as: [1982] JLR 275 [ New search ] [ Help ] Att. Gen. v Kelly 1982 JLR 275 (08 September 1981) Courts-Magistrate's Court-examining magistrate-Magistrate sitting as examining magistrate not concerned with guilt or innocence and dismissal of case for lack of evidence not basis for plea of autrefois acquit The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1982 JLR 275 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1981/JLR820275.html

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Att. Gen. v Kelly [1982] JLR 275

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