AG -v- Goncalves [2009] JRC 010 (19 January 2009)

AG -v- Goncalves [2009] JRC 010 (19 January 2009)

The prosecution had a reasonable opportunity at the contested committal stage to reconsider the strength of its case on the charge of taking and driving away, proceeded regardless, and only abandoned the charge after further review, justifying an award of costs to Goncalves.

Citation
[2009] JRC 010
Parties
Defendant: Goncalves; Defendant: Volante; Defendant: Rankin; Defendant: Doolan; Defendant: Falle; Prosecutor: Mr Gollop
Jurisdiction
Jersey
Judgment Date
19 January 2009
Procedural Posture
Criminal / Post Sentencing Costs Application
Outcome
Costs awarded to Goncalves on the standard basis for the charge of taking and driving away, including costs of the application.
Legal Topics
Malicious Damage, Taking and Driving Away, Costs Application
Criminal Law Malicious Damage Taking and Driving Away Costs Application

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Parties

Goncalves

Defendant

Volante

Defendant

Rankin

Defendant

Doolan

Defendant

Falle

Defendant

Mr Gollop

Prosecutor

Procedural Posture

Criminal / Post Sentencing Costs Application

Legal Issues

  1. 1 Entitlement to costs following abandonment of charge
  2. 2 Whether prosecution acted unreasonably in proceeding with charge

Ratio Decidendi

The prosecution had a reasonable opportunity at the contested committal stage to reconsider the strength of its case on the charge of taking and driving away, proceeded regardless, and only abandoned the charge after further review, justifying an award of costs to Goncalves.

Court Disposition

Costs awarded to Goncalves on the standard basis for the charge of taking and driving away, including costs of the application.

Orders

  • Goncalves is awarded his costs on the standard basis in relation to the charge of taking and driving away, including costs of this application.