Christmas v Att. Gen. [2013] 2 JLR 174 (26 July 2013)

Christmas v Att. Gen. [2013] 2 JLR 174 (26 July 2013)

The Royal Court erred by failing to take into account the appellant's insolvent financial position and his obligation to pay legal fees when making the compensation order; the order was therefore quashed.

Citation
[2013] 2 JLR 174
Parties
Appellant: Christmas; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
26 July 2013
Procedural Posture
Criminal Appeal / Appellate
Outcome
compensation order quashed
Legal Topics
Compensation Orders, Assessment of Offender's Financial Position, Priority of Victim Compensation Vs. Legal Fees
Criminal Law Compensation Orders Assessment of Offender's Financial Position Priority of Victim Compensation Vs. Legal Fees

Case Brief

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Parties

Christmas

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appellate

Legal Issues

  1. 1 Whether the Royal Court erred by failing to consider the appellant's insolvency when making a compensation order
  2. 2 Whether the obligation to pay legal fees should be disregarded when assessing an offender's financial position under the Criminal Justice (Compensation Orders) (Jersey) Law 1994, art. 3(5)
  3. 3 Whether the victim's claim to compensation should be preferred to the offender's liability to pay legal fees

Ratio Decidendi

The Royal Court erred by failing to take into account the appellant's insolvent financial position and his obligation to pay legal fees when making the compensation order; the order was therefore quashed.

Court Disposition

compensation order quashed

Orders

  • Compensation order made by the Royal Court is quashed