AG v Akhonya [2022] JRC 176 (24 August 2022)

AG v Akhonya [2022] JRC 176 (24 August 2022)

Where a mixed indictment contains both statutory and customary law offences, the Royal Court must exercise discretion under Article 48(4) of the 2018 Law, considering the nature and gravity of the offences and the overriding objective. In this case, both parties agree a jury trial is appropriate, and the statutory offence is closely linked to the customary law offence. The Court orders trial by jury.

Citation
[2022] JRC 176
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
24 August 2022
Procedural Posture
Criminal / Pre Trial Directions
Outcome
Order for trial by jury
Legal Topics
Mode of Trial, Bigamy, Providing False Information, Statutory Offences, Customary Law Offences
Criminal Law Mode of Trial Bigamy Providing False Information Statutory Offences Customary Law Offences

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Directions

Legal Issues

  1. 1 Determination of mode of trial under Article 48 of the Criminal Procedure (Jersey) Law 2018 for mixed indictment containing both statutory and customary law offences

Ratio Decidendi

Where a mixed indictment contains both statutory and customary law offences, the Royal Court must exercise discretion under Article 48(4) of the 2018 Law, considering the nature and gravity of the offences and the overriding objective. In this case, both parties agree a jury trial is appropriate, and the statutory offence is closely linked to the customary law offence. The Court orders trial by jury.

Court Disposition

Order for trial by jury

Orders

  • Defendant to be tried by the Royal Court sitting with a jury