AG v Porter [2023] JRC 247 (11 December 2023)

AG v Porter [2023] JRC 247 (11 December 2023)

The Court determined that, despite both parties requesting a jury trial, the overriding objective and efficient case management required the case to be tried by the Inferior Number in February due to earlier available trial dates and no significant complexity in the case.

Citation
[2023] JRC 247
Parties
Prosecution: Attorney General; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
11 December 2023
Procedural Posture
Criminal / Mode of Trial Determination
Outcome
Case to be tried by Inferior Number.
Legal Topics
Mode of Trial, Mixed Indictment, Customary Law Offences, Statutory Offences, Overriding Objective
Criminal Law Mode of Trial Mixed Indictment Customary Law Offences Statutory Offences Overriding Objective

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 1
Sign in to unlock

Parties

Attorney General

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Mode of Trial Determination

Legal Issues

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

Ratio Decidendi

The Court determined that, despite both parties requesting a jury trial, the overriding objective and efficient case management required the case to be tried by the Inferior Number in February due to earlier available trial dates and no significant complexity in the case.

Court Disposition

Case to be tried by Inferior Number.

Orders

  • Case listed for trial on 26 and 27 February 2024 before Inferior Number.
  • Directions may be varied and case may be relisted by either party.