AG -v- Moon [2016] JRC 214A (18 November 2016)

AG -v- Moon [2016] JRC 214A (18 November 2016)

Prosecution should pay the defence costs in relation to the charges not proceeded with from the beginning of July, allowing a reasonable period for the prosecution to obtain its own expert report after the issue of mental capacity was raised.

Citation
[2016] JRC 214A
Parties
Prosecution: Attorney General; Defence: Defendant
Jurisdiction
Jersey
Judgment Date
18 November 2016
Procedural Posture
Criminal / Costs Order After Partial Discontinuance
Outcome
Prosecution ordered to pay defence costs from beginning of July for charges not proceeded with.
Legal Topics
Costs Following Discontinuance, Mental Capacity in Criminal Proceedings
Criminal Law Costs Costs Following Discontinuance Mental Capacity in Criminal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Attorney General

Prosecution

Defendant

Defence

Procedural Posture

Criminal / Costs Order After Partial Discontinuance

Legal Issues

  1. 1 Whether prosecution should pay defence costs after discontinuing charges
  2. 2 Appropriate period for which costs should be paid

Ratio Decidendi

Prosecution should pay the defence costs in relation to the charges not proceeded with from the beginning of July, allowing a reasonable period for the prosecution to obtain its own expert report after the issue of mental capacity was raised.

Court Disposition

Prosecution ordered to pay defence costs from beginning of July for charges not proceeded with.

Orders

  • Prosecution to pay defence costs from beginning of July for discontinued charges.