Att. Gen. v Kelly [1982] JLR 275 (08 September 1981)
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.
- Citation
- [1982] JLR 275
- Parties
- Applicant: Attorney General; Respondent: Kelly
- Jurisdiction
- Jersey
- Judgment Date
- 08 September 1981
- Procedural Posture
- Criminal / Appeal
- Outcome
- plea of autrefois acquit rejected
- Legal Topics
- Autrefois Acquit, Examining Magistrate, Dismissal for Lack of Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Kelly
Respondent
Procedural Posture
Criminal / Appeal
Legal Issues
- 1 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
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
Full Case Text
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