AG v Rebelo [2019] JRC 007A (28 January 2019)

AG v Rebelo [2019] JRC 007A (28 January 2019)

The court found that the inclusion of 'asleep' in the admission was a manifest error by the Crown, and that the defence was not prejudiced in its trial preparation or ability to call evidence. Therefore, leave to amend the admission was granted.

Citation
[2019] JRC 007A
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
28 January 2019
Procedural Posture
Criminal / Interlocutory Ruling on Amendment of Admission
Outcome
leave to amend admission granted
Legal Topics
Amendment of Admissions, Murder, Trial Procedure
Criminal Law Amendment of Admissions Murder Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Interlocutory Ruling on Amendment of Admission

Legal Issues

  1. 1 Whether the Crown should be granted leave to amend an admission by deleting the word 'asleep' from the agreed facts.

Ratio Decidendi

The court found that the inclusion of 'asleep' in the admission was a manifest error by the Crown, and that the defence was not prejudiced in its trial preparation or ability to call evidence. Therefore, leave to amend the admission was granted.

Court Disposition

leave to amend admission granted

Orders

  • The Crown is granted leave to amend the admission by deleting the word 'asleep' from paragraph 18.