AG -v- Rawlinson [2016] JRC 211 (16 November 2016)

AG -v- Rawlinson [2016] JRC 211 (16 November 2016)

The Magistrate's decision to revoke bail was not outside the band of reasonable decisions given the defendant's history of breaching court orders and the risk of further offending, despite the technical nature of the breach.

Citation
[2016] JRC 211
Parties
Defendant: Defendant; Prosecution: Prosecution; Lower Court: Magistrate's Court; Defendant's Advocate (at Bail Hearing): Advocate Landick
Jurisdiction
Jersey
Judgment Date
16 November 2016
Procedural Posture
Bail Review / Application to Overturn Magistrate's Refusal of Bail
Outcome
application for bail refused
Legal Topics
Bail, Breach of Bail Conditions, Proportionality of Bail Conditions
Criminal Law Procedure Bail Breach of Bail Conditions Proportionality of Bail Conditions

Case Brief

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Parties

Defendant

Defendant

Prosecution

Prosecution

Magistrate's Court

Lower Court

Advocate Landick

Defendant's Advocate (at Bail Hearing)

Procedural Posture

Bail Review / Application to Overturn Magistrate's Refusal of Bail

Legal Issues

  1. 1 Whether the Magistrate's decision to revoke bail for breach of condition was outside the band of reasonable decisions
  2. 2 Whether the bail condition excluding the defendant from an entire parish was proportionate

Ratio Decidendi

The Magistrate's decision to revoke bail was not outside the band of reasonable decisions given the defendant's history of breaching court orders and the risk of further offending, despite the technical nature of the breach.

Court Disposition

application for bail refused

Orders

  • Bail remains revoked; defendant to remain in custody pending trial