Jersey Judgment

D v AG [1994] JRC 075 (21 April 1994)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court determined that there was no abuse of process and allowed the prosecution to proceed.

Court disposition

Application dismissed

Orders

  • Prosecution to proceed

02

Material facts

Parties

D

Applicant

Attorney General

Respondent

03

Procedural history

  1. Posture

    Criminal / Judgment

04

Questions and positions

Legal issues

Whether the prosecution against D should proceed

Party arguments

Applicant
Applicant sought to prevent prosecution on grounds not specified in the available text.
Respondent
Respondent argued for continuation of prosecution, details not specified in the available text.

05

Court’s reasoning

  1. 01

    Common law

    The court has discretion to stay proceedings if they amount to an abuse of process.

06

Ratio, limits and disposition

Ratio decidendi

The court determined that there was no abuse of process and allowed the prosecution to proceed.

Court disposition

Application dismissed

  • Prosecution to proceed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1994] JRC 075

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