In re Makarios v [1978] JLR 215 (29 September 1978)

The court is entitled to refuse bail to an accused charged with a grave offence such as attempted rape, giving weight to the seriousness of the charge independently of the risk of absconding.

Citation: [1978] JLR 215
Parties: Accused: Makarios
Jurisdiction: Jersey
Judgment Date: 29 September 1978
Procedural Posture: Criminal / Bail Application
Outcome: bail refused
Legal Topics: Bail, Factors for Bail, Gravity of Offence

Criminal Law Criminal Procedure Bail Factors for Bail Gravity of Offence

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Parties

Makarios

Accused

Procedural Posture

Criminal / Bail Application

Legal Issues

1 Whether the gravity of the offence should be considered independently of the likelihood of the accused answering to bail
2 Whether the court can refuse bail to an accused charged with attempted rape

Ratio Decidendi

The court is entitled to refuse bail to an accused charged with a grave offence such as attempted rape, giving weight to the seriousness of the charge independently of the risk of absconding.

Court Disposition

bail refused