AG -v- W [2014] JRC 066 (12 March 2014)

AG -v- W [2014] JRC 066 (12 March 2014)

The case is not sufficiently complex or lengthy to justify a preparatory hearing under Article 84(1)(b) PPCE; difficult issues do not render a case complex and the legislative intention is to restrict preparatory hearings to exceptional cases.

Citation
[2014] JRC 066
Parties
Defendant: Defendant; Prosecution: Crown; Complainant: Complainant 1; Complainant: Complainant 2; Complainant: Complainant 3
Jurisdiction
Jersey
Judgment Date
12 March 2014
Procedural Posture
Criminal / Pre Trial Application
Outcome
Application for preparatory hearing refused; hearing to proceed as pre-trial hearing.
Legal Topics
Abuse of Process, Preparatory Hearing, Admissibility of Evidence, Autrefois Acquit, Case Management
Criminal Law Procedure Abuse of Process Preparatory Hearing Admissibility of Evidence Autrefois Acquit Case Management

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Complainant 1

Complainant

Complainant 2

Complainant

Complainant 3

Complainant

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether the trial should be stayed as an abuse of process
  2. 2 Whether evidence of witness C should be excluded
  3. 3 Whether six counts should be stayed on grounds of Autrefois Acquit

Ratio Decidendi

The case is not sufficiently complex or lengthy to justify a preparatory hearing under Article 84(1)(b) PPCE; difficult issues do not render a case complex and the legislative intention is to restrict preparatory hearings to exceptional cases.

Court Disposition

Application for preparatory hearing refused; hearing to proceed as pre-trial hearing.

Orders

  • Hearing on 12 March 2014 will proceed by way of pre-trial hearing.