AG v Gallichan [2024] JRC 220 (17 October 2024)

AG v Gallichan [2024] JRC 220 (17 October 2024)

The Court ruled that, considering the principal charge is a statutory offence of domestic abuse, the nature and gravity of the offences, and the fact that the trial date would not be affected by the mode of trial, the defendant should be tried by the Inferior Number rather than by jury.

Citation
[2024] JRC 220
Parties
Prosecution: Attorney General; Defendant: [Defendant Name Redacted]; Complainant: Complainant
Jurisdiction
Jersey
Judgment Date
17 October 2024
Procedural Posture
Criminal / Pre Trial Mode of Trial Determination
Outcome
Defendant to be tried by the Inferior Number.
Legal Topics
Mode of Trial, Domestic Abuse, Assault, Malicious Damage, Customary Law Offences, Statutory Offences
Criminal Law Mode of Trial Domestic Abuse Assault Malicious Damage Customary Law Offences Statutory Offences

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Parties

Attorney General

Prosecution

[Defendant Name Redacted]

Defendant

Complainant

Complainant

Procedural Posture

Criminal / Pre Trial Mode of Trial Determination

Legal Issues

  1. 1 Whether the defendant should be tried by jury or by the Inferior Number on a mixed indictment containing both customary law and statutory offences under Article 48 of the Criminal Procedure (Jersey) Law 2018.

Ratio Decidendi

The Court ruled that, considering the principal charge is a statutory offence of domestic abuse, the nature and gravity of the offences, and the fact that the trial date would not be affected by the mode of trial, the defendant should be tried by the Inferior Number rather than by jury.

Court Disposition

Defendant to be tried by the Inferior Number.

Orders

  • Trial to be held on 11 March 2025 before the Inferior Number with a time estimate of three days.
  • Plea and directions hearing to take place before the end of November.