Jersey Judgment

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

Criminal Law Criminal Procedure Costs Acquittal Defence Costs

Citation: [2002] JLR 187
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Costs Determination Post Acquittal

More details

Posture: Criminal / Costs Determination Post Acquittal

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Professional case brief

Research organized from the available case record

Source document

Holding and result

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

Material facts

Parties

Evans

Defendant

Attorney General

Prosecutor

Procedural history

Posture

Criminal / Costs Determination Post Acquittal

Questions and positions

Legal issues

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

Party arguments

Applicant: The acquitted defendant is entitled to defence costs unless there are exceptional reasons to refuse them.
Respondent: Defence costs should be refused due to criticism of the defendant's conduct.

Court’s reasoning

Legal principles

01
Evans v Att. Gen. [2002] JLR 187

Criticism of the conduct of an acquitted accused is normally insufficient reason to refuse defence costs; costs should only be refused exceptionally, such as when the conduct brings suspicion on himself and misleads the prosecution as to the strength of the case.

Ratio, limits and disposition

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

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Judgment

[2002] JLR 187

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BAILII >> Databases >> Jersey Law Reports >> Evans v Att. Gen. [2002] JLR 187 (04 February 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020187.html Cite as: [2002] JLR 187 [ New search ] [ Help ] Evans v Att. Gen. 2002 JLR 187 (04 February 2002) Criminal Procedure-costs-defence costs-acquitted or discharged defendants-criticism of conduct of acquitted accused normally insufficient reason to refuse costs-to be refused only exceptionally, e.g. if conduct brings suspicion on himself and misleads prosecution as to strength of case The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2002 JLR 187 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020187.html

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Evans v Att. Gen. [2002] JLR 187

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