AG v McIntyre 14-Aug-2006 [2006] JRC 112C (14 August 2006)

AG v McIntyre 14-Aug-2006 [2006] JRC 112C (14 August 2006)

The defence's failure to raise the admissibility issue at the directions hearing justified disallowing the costs incurred on the day the issue was raised, though costs were otherwise awarded against the Crown.

Citation
[2006] JRC 112C
Parties
Prosecution: The Attorney General; Defendant: Kenneth McIntyre
Jurisdiction
Jersey
Judgment Date
14 August 2006
Procedural Posture
Criminal / Post Acquittal Costs Ruling
Outcome
Costs generally awarded against the Crown except for the defence's costs incurred on the day of the ruling; order for forfeiture and destruction of drugs.
Legal Topics
Acquittal, Costs Orders, Admissibility of Evidence, Procedural Default
Criminal Law Costs Acquittal Costs Orders Admissibility of Evidence Procedural Default

Case Brief

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Parties

The Attorney General

Prosecution

Kenneth McIntyre

Defendant

Procedural Posture

Criminal / Post Acquittal Costs Ruling

Legal Issues

  1. 1 Whether the defendant is entitled to costs after acquittal
  2. 2 Whether the defence's failure to raise admissibility issues at the directions hearing affects costs entitlement

Ratio Decidendi

The defence's failure to raise the admissibility issue at the directions hearing justified disallowing the costs incurred on the day the issue was raised, though costs were otherwise awarded against the Crown.

Court Disposition

Costs generally awarded against the Crown except for the defence's costs incurred on the day of the ruling; order for forfeiture and destruction of drugs.

Orders

  • Costs generally against the Crown except for today's defence costs, which are disallowed.
  • Forfeiture and destruction of the drugs.