AG v Durkin and Ors [2004] JRC 068 (21 April 2004)

AG v Durkin and Ors [2004] JRC 068 (21 April 2004)

Count 1 is defective as it now covers two separate conspiracies involving different defendants, prejudicing the defence. The pleas of guilty were equivocal, not unequivocal, as the defendants made clear they denied conspiracy to import the kilo of heroin. Leave is given to withdraw the guilty pleas and Count 1 must be amended to reflect the actual case.

Citation
[2004] JRC 068
Parties
Defendant: Lawrence Anthony Durkin; Defendant: Jeremy Edwin Howard; Co Defendant: Rodney Julian Bevis; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
21 April 2004
Procedural Posture
Criminal / Application to Withdraw Guilty Plea and Declaration of Defective Indictment
Outcome
application granted
Legal Topics
Conspiracy, Duplicity in Indictments, Withdrawal of Guilty Plea, Importation of Controlled Drugs
Criminal Law Conspiracy Duplicity in Indictments Withdrawal of Guilty Plea Importation of Controlled Drugs

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Parties

Lawrence Anthony Durkin

Defendant

Jeremy Edwin Howard

Defendant

Rodney Julian Bevis

Co Defendant

Crown

Prosecution

Procedural Posture

Criminal / Application to Withdraw Guilty Plea and Declaration of Defective Indictment

Legal Issues

  1. 1 Whether Count 1 of the indictment is defective for duplicity
  2. 2 Whether defendants should be permitted to withdraw their guilty pleas to Count 1

Ratio Decidendi

Count 1 is defective as it now covers two separate conspiracies involving different defendants, prejudicing the defence. The pleas of guilty were equivocal, not unequivocal, as the defendants made clear they denied conspiracy to import the kilo of heroin. Leave is given to withdraw the guilty pleas and Count 1 must be amended to reflect the actual case.

Court Disposition

application granted

Orders

  • Leave granted to withdraw guilty pleas to Count 1.
  • Declaration that Count 1 is defective in its present form.