AG v Coles [2003] JRC 198 (05 November 2003)

AG v Coles [2003] JRC 198 (05 November 2003)

Both limbs of the Bouchard principle were not fulfilled; the defendant's conduct did not positively mislead the prosecution nor bring suspicion upon himself to the required degree, so costs should be awarded.

Citation
[2003] JRC 198
Parties
Applicant: Defendant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
05 November 2003
Procedural Posture
Application for Costs After Acquittal / Post Trial
Outcome
application allowed
Legal Topics
Costs in Criminal Cases, Acquittal, Defendant's Conduct
Criminal Law Costs Costs in Criminal Cases Acquittal Defendant's Conduct

Case Brief

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Parties

Defendant

Applicant

Crown

Respondent

Procedural Posture

Application for Costs After Acquittal / Post Trial

Legal Issues

  1. 1 Whether the defendant's conduct precludes an award of costs after acquittal
  2. 2 Interpretation of Article 2 of the Costs in Criminal Cases (Jersey) Law 1961

Ratio Decidendi

Both limbs of the Bouchard principle were not fulfilled; the defendant's conduct did not positively mislead the prosecution nor bring suspicion upon himself to the required degree, so costs should be awarded.

Court Disposition

application allowed

Orders

  • Costs of the prosecution below to be paid by the prosecution
  • Defendant to have his costs of the hearing on Monday