Att. Gen. v W [2014] 1 JLR 398 (28 March 2014)
A fair trial of historic sexual offences is possible despite a delay of 40-53 years; proceedings should not be stayed.
- Citation
- [2014] 1 JLR 398
- Parties
- Applicant: Attorney General; Respondent: W
- Jurisdiction
- Jersey
- Judgment Date
- 28 March 2014
- Procedural Posture
- Criminal / Application for Stay of Proceedings
- Outcome
- application for stay of proceedings refused
- Legal Topics
- Abuse of Process, Stay of Proceedings, Historic Sexual Offences, Fair Trial
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
W
Respondent
Procedural Posture
Criminal / Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings should be stayed for abuse of process due to delay
- 2 Whether delay has caused serious prejudice to the defence making a fair trial impossible
Ratio Decidendi
A fair trial of historic sexual offences is possible despite a delay of 40-53 years; proceedings should not be stayed.
Court Disposition
application for stay of proceedings refused
Full Case Text
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