AG -v- Shewan and Ors [2005] JRC 049A (19 April 2005)

AG -v- Shewan and Ors [2005] JRC 049A (19 April 2005)

Affray on private premises requires the presence of at least one bystander; terror is judged objectively, not by the actual reaction of the bystander. Evidence from related offences, including arson and malicious damage, is admissible for the affray charge if arising from the same incident. Severance of charges is not warranted unless there is prejudice to the accused, which is not present here.

Citation
[2005] JRC 049A
Parties
Applicant: HM Attorney General; Respondent: Stephen Cobham Shewan; Respondent: Serge Peacock; Respondent: Francis Martin Sullivan
Jurisdiction
Jersey
Judgment Date
19 April 2005
Procedural Posture
Criminal / Preliminary Ruling Before Assize Trial
Outcome
preliminary points determined; no severance ordered; jury to be directed as specified
Legal Topics
Definition of Affray, Severance of Charges, Admissibility of Evidence, Objective Standard for Terror, Multiple Charges From Same Facts
Criminal Law Definition of Affray Severance of Charges Admissibility of Evidence Objective Standard for Terror Multiple Charges From Same Facts

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Parties

HM Attorney General

Applicant

Stephen Cobham Shewan

Respondent

Serge Peacock

Respondent

Francis Martin Sullivan

Respondent

Procedural Posture

Criminal / Preliminary Ruling Before Assize Trial

Legal Issues

  1. 1 definition of affray at common law
  2. 2 requirement of bystander presence in private premises
  3. 3 need for direct evidence of terror

Ratio Decidendi

Affray on private premises requires the presence of at least one bystander; terror is judged objectively, not by the actual reaction of the bystander. Evidence from related offences, including arson and malicious damage, is admissible for the affray charge if arising from the same incident. Severance of charges is not warranted unless there is prejudice to the accused, which is not present here.

Court Disposition

preliminary points determined; no severance ordered; jury to be directed as specified

Orders

  • Jury to be directed that affray on private premises requires presence of at least one bystander.
  • Jury to apply objective standard for terror, not actual terror of bystander.