Att. Gen. v Campbell [2004] JLR 158 (01 April 2004)

Att. Gen. v Campbell [2004] JLR 158 (01 April 2004)

Proceedings instituted by one Centenier after assurance by another Centenier that no further prosecution would occur do not necessarily constitute abuse of process; the court must balance the accused's legitimate expectation against the public interest in prosecution.

Citation
[2004] JLR 158
Parties
Applicant: Attorney General; Respondent: Campbell
Jurisdiction
Jersey
Judgment Date
01 April 2004
Procedural Posture
Criminal / Institution of Proceedings
Outcome
Proceedings not necessarily abuse of process; prosecution may proceed.
Legal Topics
Abuse of Process, Legitimate Expectation, Notification of Accused, Administrative Error
Criminal Procedure Abuse of Process Legitimate Expectation Notification of Accused Administrative Error

Case Brief

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Parties

Attorney General

Applicant

Campbell

Respondent

Procedural Posture

Criminal / Institution of Proceedings

Legal Issues

  1. 1 Whether institution of proceedings by one Centenier after assurance by another Centenier that no further prosecution constitutes abuse of process
  2. 2 How to balance denial of accused's legitimate expectation against public interest in prosecution

Ratio Decidendi

Proceedings instituted by one Centenier after assurance by another Centenier that no further prosecution would occur do not necessarily constitute abuse of process; the court must balance the accused's legitimate expectation against the public interest in prosecution.

Court Disposition

Proceedings not necessarily abuse of process; prosecution may proceed.