Att. Gen. v X [1997] JLR 291 (01 December 1997)
A stay of proceedings on the ground of delay is exceptional; mere lapse of time is not sufficient, and any prejudice to the accused may be cured by appropriate directions at trial.
- Citation
- [1997] JLR 291
- Parties
- Applicant: Attorney General; Respondent: X
- Jurisdiction
- Jersey
- Judgment Date
- 01 December 1997
- Procedural Posture
- Criminal / Application for Stay of Proceedings
- Outcome
- application for stay of proceedings dismissed
- Legal Topics
- Delay in Prosecution, Sexual Offences, Stay of Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
X
Respondent
Procedural Posture
Criminal / Application for Stay of Proceedings
Legal Issues
- 1 Whether delay in prosecuting a sexual offence justifies a stay of proceedings
- 2 Whether mere lapse of time is sufficient to stay proceedings
- 3 Whether prejudice to the accused can be cured by directions at trial
Ratio Decidendi
A stay of proceedings on the ground of delay is exceptional; mere lapse of time is not sufficient, and any prejudice to the accused may be cured by appropriate directions at trial.
Court Disposition
application for stay of proceedings dismissed
Full Case Text
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