Warren and Others v AG [2009] JCA 175 (04 September 2009)

Warren and Others v AG [2009] JCA 175 (04 September 2009)

The Criminal Offences (Jersey) Law 2009 does not retrospectively alter the mode of trial for proceedings in which the defendants have already validly elected trial by jury under the Loi (1864) Reglant la Procedure Criminelle before the new law came into force; the right to elect mode of trial is a statutory right and cannot be undone by subsequent procedural legislation unless expressly stated.

Citation
[2009] JCA 175
Parties
Applicant: Curtis Warren; Applicant: John Alan Welsh; Applicant: James O'Brien; Applicant: Jason Woodward; Applicant: Paul Hunt; Applicant: Oliver Lucas; Respondent: The Attorney General; Amicus: Advocate R. Tremoceiro
Jurisdiction
Jersey
Judgment Date
04 September 2009
Procedural Posture
Criminal Appeal / Pre Trial Determination of Mode of Trial
Outcome
appeal allowed
Legal Topics
Mode of Trial, Retroactivity, Statutory Offences, Customary Law Offences, Right to Elect Jury Trial
Criminal Law Statutory Interpretation Procedural Law Mode of Trial Retroactivity Statutory Offences Customary Law Offences Right to Elect Jury Trial

Case Brief

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Parties

Curtis Warren

Applicant

John Alan Welsh

Applicant

James O'Brien

Applicant

Jason Woodward

Applicant

Paul Hunt

Applicant

Oliver Lucas

Applicant

The Attorney General

Respondent

Advocate R. Tremoceiro

Amicus

Procedural Posture

Criminal Appeal / Pre Trial Determination of Mode of Trial

Legal Issues

  1. 1 Whether the defendants are entitled to trial by jury or by judge and jurats for conspiracy to commit a statutory offence under Jersey law
  2. 2 Whether the Criminal Offences (Jersey) Law 2009 applies retroactively to alter the mode of trial after election under the Loi (1864) Reglant la Procedure Criminelle

Ratio Decidendi

The Criminal Offences (Jersey) Law 2009 does not retrospectively alter the mode of trial for proceedings in which the defendants have already validly elected trial by jury under the Loi (1864) Reglant la Procedure Criminelle before the new law came into force; the right to elect mode of trial is a statutory right and cannot be undone by subsequent procedural legislation unless expressly stated.

Court Disposition

appeal allowed

Orders

  • Trial to be conducted before a judge sitting with a jury