AG v Lyons [2022] JRC 223 (19 October 2022)

AG v Lyons [2022] JRC 223 (19 October 2022)

The defendant was acquitted of all indictment charges and convicted only on an alternative charge based on his own admission; the defence case statement set out the relevant facts; the prosecution's bad character application widened the scope; the late production of text messages did not amount to an ambush given the circumstances; fairness and justice require awarding costs to the defendant.

Citation
[2022] JRC 223
Parties
Defendant: Defendant (Lyons); Prosecution: Attorney General (Prosecution)
Jurisdiction
Jersey
Judgment Date
19 October 2022
Procedural Posture
Criminal / Post Trial Costs Application
Outcome
application granted
Legal Topics
Costs in Criminal Cases, Defence Case Statements, Bad Character Evidence, Disclosure Obligations
Criminal Law Procedure Costs in Criminal Cases Defence Case Statements Bad Character Evidence Disclosure Obligations

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Parties

Defendant (Lyons)

Defendant

Attorney General (Prosecution)

Prosecution

Procedural Posture

Criminal / Post Trial Costs Application

Legal Issues

  1. 1 Whether the defendant should be awarded costs after acquittal on indictment counts and conviction on an alternative lesser charge
  2. 2 Whether the defendant's conduct or defence strategy disentitled him to costs

Ratio Decidendi

The defendant was acquitted of all indictment charges and convicted only on an alternative charge based on his own admission; the defence case statement set out the relevant facts; the prosecution's bad character application widened the scope; the late production of text messages did not amount to an ambush given the circumstances; fairness and justice require awarding costs to the defendant.

Court Disposition

application granted

Orders

  • Payment of the defendant's costs out of public funds in such sums as appear to the Judicial Greffier to be reasonably sufficient to compensate the defendant for expenses properly incurred in carrying on the defence.