Le G v Att. Gen. [2004] JLR 204 (10 June 2004)

Le G v Att. Gen. [2004] JLR 204 (10 June 2004)

The prosecution must not accept a guilty plea to a lesser offence from one co-accused until the intentions of the other co-accused are known, and a legal adviser is not bound by the Centenier's acceptance of a lesser plea if the co-accused have not yet been sentenced.

Citation
[2004] JLR 204
Parties
Applicant: Le G; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
10 June 2004
Procedural Posture
Criminal / Plea Proceedings
Outcome
guidance issued
Legal Topics
Pleas, Co Accused, Lesser Offence, Prosecution Discretion
Criminal Law Criminal Procedure Pleas Co Accused Lesser Offence Prosecution Discretion

Case Brief

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Parties

Le G

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Plea Proceedings

Legal Issues

  1. 1 Whether prosecution may accept a guilty plea to a lesser offence from one co-accused before knowing the intentions of other co-accused facing the same charge.
  2. 2 Whether a legal adviser is bound by the Centenier's acceptance of a lesser plea if co-accused have not yet been sentenced.

Ratio Decidendi

The prosecution must not accept a guilty plea to a lesser offence from one co-accused until the intentions of the other co-accused are known, and a legal adviser is not bound by the Centenier's acceptance of a lesser plea if the co-accused have not yet been sentenced.

Court Disposition

guidance issued