Evans v Att. Gen. [2002] JLR 187 (04 February 2002)

Evans v Att. Gen. [2002] JLR 187 (04 February 2002)

Defence costs should not be refused to an acquitted defendant merely because of criticism of his conduct; refusal is justified only in exceptional cases where the conduct brings suspicion and misleads the prosecution.

Citation
[2002] JLR 187
Parties
Defendant: Evans; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
04 February 2002
Procedural Posture
Criminal / Costs Determination Post Acquittal
Outcome
defence costs not to be refused solely due to criticism of conduct
Legal Topics
Costs, Acquittal, Defence Costs
Criminal Law Criminal Procedure Costs Acquittal Defence Costs

Case Brief

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Parties

Evans

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Costs Determination Post Acquittal

Legal Issues

  1. 1 Whether criticism of the conduct of an acquitted accused is sufficient reason to refuse defence costs

Ratio Decidendi

Defence costs should not be refused to an acquitted defendant merely because of criticism of his conduct; refusal is justified only in exceptional cases where the conduct brings suspicion and misleads the prosecution.

Court Disposition

defence costs not to be refused solely due to criticism of conduct