F v AG [2019] JRC 012 (05 February 2019)

F v AG [2019] JRC 012 (05 February 2019)

The appeal against costs is dismissed as no right of appeal exists under Article 17 of the 1949 Law; the appeal against the restraining order is dismissed as the Magistrate exercised his discretion properly, considering future risk and not relying on unproven allegations of past violence.

Citation
[2019] JRC 012
Parties
Appellant: F; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
05 February 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Costs Order
Outcome
Appeal dismissed
Legal Topics
Appeal, Restraining Order, Costs, Sentencing, Domestic Violence
Criminal Law Appeal Restraining Order Costs Sentencing Domestic Violence

Case Brief

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Parties

F

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Costs Order

Legal Issues

  1. 1 Whether the Magistrate erred in imposing a restraining order of five years' duration
  2. 2 Whether the Magistrate erred in refusing to award costs to the Appellant after dismissal of a grave and criminal assault charge

Ratio Decidendi

The appeal against costs is dismissed as no right of appeal exists under Article 17 of the 1949 Law; the appeal against the restraining order is dismissed as the Magistrate exercised his discretion properly, considering future risk and not relying on unproven allegations of past violence.

Court Disposition

Appeal dismissed