AG -v- Noble [2015] JRC 188A (11 September 2015)

AG -v- Noble [2015] JRC 188A (11 September 2015)

Given the defendant's repeated breaches of bail conditions, including direct contact with the complainant causing her fear, and the need to protect the administration of justice, remanding the defendant in custody is proportionate and justified.

Citation
[2015] JRC 188A
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
11 September 2015
Procedural Posture
Criminal / Bail Application
Outcome
bail refused, defendant remanded in custody
Legal Topics
Bail, Pre Trial Detention, Domestic Violence, Breach of Bail Conditions
Criminal Law Human Rights Law Bail Pre Trial Detention Domestic Violence Breach of Bail Conditions

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether continued detention of the defendant pending trial is justified under the Human Rights Convention and relevant legal principles.
  2. 2 Whether there is a well-founded risk that the defendant, if released, would prejudice the administration of justice.

Ratio Decidendi

Given the defendant's repeated breaches of bail conditions, including direct contact with the complainant causing her fear, and the need to protect the administration of justice, remanding the defendant in custody is proportionate and justified.

Court Disposition

bail refused, defendant remanded in custody

Orders

  • Defendant remanded in custody to 18 January 2016 at 10am.
  • Plea and Directions Hearing set for 3 November 2015 at 9:30am.