AG v O'Brien [2024] JRC 096 (19 April 2024)
The defendant's refusal to attend court will be noted and may affect both sentencing and future bail applications.
Source-derived case information.
- Citation
- [2024] JRC 096
- Parties
- Defendant: Defendant; Prosecution: Crown
- Jurisdiction
- Jersey
- Judgment Date
- 19 April 2024
- Procedural Posture
- Criminal / Pre Trial Directions
- Outcome
- directions issued
- Legal Topics
- Failure to Attend Court, Bail Applications, Sentencing Consequences
Source-derived case record
Summary, issues, holding and outcome
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Parties
Defendant
Defendant
Crown
Prosecution
Procedural Posture
Criminal / Pre Trial Directions
Legal Issues
- 1 consequences of refusal to attend court
- 2 impact on bail applications
- 3 impact on sentencing
Ratio Decidendi
The defendant's refusal to attend court will be noted and may affect both sentencing and future bail applications.
Court Disposition
directions issued
Orders
- Not guilty plea entered for Count 7 due to defendant's refusal to attend.
- Crown to note refusal on local conviction record.
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT THE DEPUTY BAILIFF: 1. The Defendant has refused to attend so we will direct that a not guilty plea be entered in relation to Count 7. He has already been notified by the prison authorities that we will invite the Crown to, if at all possible, make a note on his local conviction record to the effect that he has refused to attend Court this morning so that can be taken into account including when he is at liberty in relation to any applications for bail. It is a request we have made in other cases. 2. The second direction that we want to make, and again this needs to be communicated to the Defendant, is that in the event of him being convicted by the Jurats in November then we direct that the Prosecution's summary of facts and conclusions expressly take into account his refusal to attend court so that if he is convicted his sentence will reflect and take into account his refusal to attend court today. 3. Anyone who fails to attend court in these circumstances should know that there will be consequences for them, both in terms of sentence and any future applications for bail when they are at liberty. No Authorities Page Last Updated: 25 Apr 2024 Back to top About JLIB Accessibility Contacts Copyright Disclaimer Feedback Privacy policy Site map BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII