AG v Warren and Others [2008] JRC 145 (02 September 2008)

AG v Warren and Others [2008] JRC 145 (02 September 2008)

The risk that the defendant will not return to face trial outweighs the compassionate grounds for bail, particularly given his prior conviction for a similar offence, lack of safeguards for travel to Thailand, and uncertainty regarding extradition.

Citation
[2008] JRC 145
Parties
Defendant: Defendant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
02 September 2008
Procedural Posture
Bail Application / Interlocutory
Outcome
application refused
Legal Topics
Compassionate Bail, Risk of Absconding, Extradition, Convention Rights
Criminal Law Bail Compassionate Bail Risk of Absconding Extradition Convention Rights

Case Brief

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Parties

Defendant

Defendant

Crown

Respondent

Procedural Posture

Bail Application / Interlocutory

Legal Issues

  1. 1 Whether bail should be granted on compassionate grounds to attend a funeral abroad
  2. 2 Whether the risk of absconding outweighs compassionate grounds

Ratio Decidendi

The risk that the defendant will not return to face trial outweighs the compassionate grounds for bail, particularly given his prior conviction for a similar offence, lack of safeguards for travel to Thailand, and uncertainty regarding extradition.

Court Disposition

application refused

Orders

  • Bail application on compassionate grounds is refused.