Jersey Judgment

Att. Gen. v P [2013] 1 JLR 45 (24 June 2011)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Joinder of charges is proper if there is a sufficient nexus between offences, demonstrated by cross-admissibility of evidence, and a clear nexus is required if the offences are separated by a long time lapse.

Court disposition

Joinder of charges permitted if sufficient nexus established.

02

Material facts

Parties

Attorney General

Applicant

P

Respondent

03

Procedural history

  1. Posture

    Criminal / Preliminary Ruling on Joinder of Charges

04

Questions and positions

Legal issues

Party arguments

Applicant
There is a sufficient nexus between the offences to justify joinder as a series under Indictments Rules 1972, r.3, particularly if evidence is cross-admissible.
Respondent
If there is a long time lapse between offences, a clear nexus must be established for joinder to be proper.

05

Court’s reasoning

  1. 01

    Indictments Rules 1972, r.3

    Charges may be joined as a series if there is a sufficient nexus between offences, established by cross-admissibility of evidence; a clear nexus is required if there is a long time lapse between offences.

06

Ratio, limits and disposition

Ratio decidendi

Joinder of charges is proper if there is a sufficient nexus between offences, demonstrated by cross-admissibility of evidence, and a clear nexus is required if the offences are separated by a long time lapse.

Court disposition

Joinder of charges permitted if sufficient nexus established.

Source and reliance status

Official court record

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Judgment text

The complete available source text.

Source document

Court record

Judgment

[2013] 1 JLR 45

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Authorities

Authorities used by the court

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

Indictments Rules 1972, r.3

Legislation

Legislation referenced in the available case record.

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