AG v Warren and Others [2009] JRC 041B (05 March 2009)

AG v Warren and Others [2009] JRC 041B (05 March 2009)

No appeal lies as the application does not relate to questions of law or admissibility of evidence; application is out of time and without merit; no breach of Jersey code of conduct or grounds for recusal; leave to appeal refused.

Citation
[2009] JRC 041B
Parties
Prosecutor: The Attorney General; Defendant: Curtis Warren; Defendant: John Alan Welsh; Defendant: James O'Brien; Defendant: Jason Woodward; Defendant: Paul Hunt; Defendant: Oliver Lucas
Jurisdiction
Jersey
Judgment Date
05 March 2009
Procedural Posture
Criminal / Application for Leave to Appeal Preparatory Hearing Rulings
Outcome
application refused
Legal Topics
Leave to Appeal, Admissibility of Evidence, Judicial Recusal, Trial Management, Rules of Conduct for Advocates
Criminal Procedure Leave to Appeal Admissibility of Evidence Judicial Recusal Trial Management Rules of Conduct for Advocates

Case Brief

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Parties

The Attorney General

Prosecutor

Curtis Warren

Defendant

John Alan Welsh

Defendant

James O'Brien

Defendant

Jason Woodward

Defendant

Paul Hunt

Defendant

Oliver Lucas

Defendant

Procedural Posture

Criminal / Application for Leave to Appeal Preparatory Hearing Rulings

Legal Issues

  1. 1 Whether the application for leave to appeal relates to questions of law or admissibility of evidence under Article 86(3)
  2. 2 Whether the application is within the prescribed time limit under Rule 9(1)
  3. 3 Whether the conduct of prosecuting advocate breached rules of conduct

Ratio Decidendi

No appeal lies as the application does not relate to questions of law or admissibility of evidence; application is out of time and without merit; no breach of Jersey code of conduct or grounds for recusal; leave to appeal refused.

Court Disposition

application refused

Orders

  • Leave to appeal refused.
  • Reporting restrictions to continue until further direction.