AG v Baglin [2002] JRC 221 (22 November 2002)

AG v Baglin [2002] JRC 221 (22 November 2002)

Count 5 (affray) adds little to the assault charges and risks causing jury confusion; it should be held on file pending the outcome of the trial on counts 2, 3, and 4.

Citation
[2002] JRC 221
Parties
Accused: Philip William Baglin; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
22 November 2002
Procedural Posture
Criminal / Pre Trial Application
Outcome
count 5 stayed (held on file) pending trial of counts 2, 3, and 4
Legal Topics
Indictment, Affray, Assault, Offensive Weapon, Jury Confusion
Criminal Law Indictment Affray Assault Offensive Weapon Jury Confusion

Case Brief

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Parties

Philip William Baglin

Accused

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether count 5 (affray) should be stayed due to potential jury confusion and redundancy with assault charges

Ratio Decidendi

Count 5 (affray) adds little to the assault charges and risks causing jury confusion; it should be held on file pending the outcome of the trial on counts 2, 3, and 4.

Court Disposition

count 5 stayed (held on file) pending trial of counts 2, 3, and 4

Orders

  • Count 5 on the indictment to be held on file pending the outcome of the trial before the jury of counts 2, 3, and 4.