AG v McLees Swanston [2002] JRC 215 (07 November 2002)

AG v McLees Swanston [2002] JRC 215 (07 November 2002)

The accused exercised their right to silence and had no duty to assist the police; there was no conduct misleading the prosecution or justifying refusal of costs. Discretion exercised in favour of awarding costs to the accused.

Citation
[2002] JRC 215
Parties
Accused: Mr. McLees; Accused: Mr. Swanston; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
07 November 2002
Procedural Posture
Criminal / Application for Costs After Discharge
Outcome
application for costs granted
Legal Topics
Costs on Abandoned Prosecution, Right to Silence, Discretion to Award Costs
Criminal Law Costs Costs on Abandoned Prosecution Right to Silence Discretion to Award Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr. McLees

Accused

Mr. Swanston

Accused

Attorney General

Prosecution

Procedural Posture

Criminal / Application for Costs After Discharge

Legal Issues

  1. 1 Whether defence costs should be awarded to accused discharged from prosecution
  2. 2 Whether accused's conduct justified refusal of costs

Ratio Decidendi

The accused exercised their right to silence and had no duty to assist the police; there was no conduct misleading the prosecution or justifying refusal of costs. Discretion exercised in favour of awarding costs to the accused.

Court Disposition

application for costs granted

Orders

  • Each accused shall have his costs paid from public funds.