AG v Caboz [2003] JRC 218 (28 November 2003)

AG v Caboz [2003] JRC 218 (28 November 2003)

The defendant's conduct did not bring suspicion upon himself or mislead the prosecution; the prosecution insisted on proceeding with a more serious charge and was not successful. The defendant is entitled to his costs on the acquitted count.

Citation
[2003] JRC 218
Parties
Defendant: Defendant; Prosecution: Crown; Victim: Complainant
Jurisdiction
Jersey
Judgment Date
28 November 2003
Procedural Posture
Criminal / Post Trial Costs Application
Outcome
Defendant awarded costs for the acquitted count of grave and criminal assault.
Legal Topics
Acquittal, Defence Costs, Attempted Murder, Assault
Criminal Law Costs Acquittal Defence Costs Attempted Murder Assault

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Complainant

Victim

Procedural Posture

Criminal / Post Trial Costs Application

Legal Issues

  1. 1 Whether the defendant is entitled to costs following acquittal on the count of grave and criminal assault

Ratio Decidendi

The defendant's conduct did not bring suspicion upon himself or mislead the prosecution; the prosecution insisted on proceeding with a more serious charge and was not successful. The defendant is entitled to his costs on the acquitted count.

Court Disposition

Defendant awarded costs for the acquitted count of grave and criminal assault.

Orders

  • Prosecution to pay the defence costs for the acquitted count.
  • If costs are not agreed, the taxing master will adjudicate.