1999/123A - AG v McLees [1999] UR 123A (9 July 1999)

1999/123A - AG v McLees [1999] UR 123A (9 July 1999)

The Magistrate's reasoning for refusing bail was illogical; the seriousness of the offence could justify refusal, but this was not clearly stated. Bail should be granted when £7,500 is deposited, subject to conditions.

Citation
[1999] UR 123A
Parties
Applicant: McLees; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
09 July 1999
Procedural Posture
Bail Application / Appeal/review of Magistrate's Refusal
Outcome
bail granted
Legal Topics
Bail, Committal Proceedings, Judicial Discretion
Criminal Law Procedure Bail Committal Proceedings Judicial Discretion

Case Brief

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Parties

McLees

Applicant

Crown

Respondent

Procedural Posture

Bail Application / Appeal/review of Magistrate's Refusal

Legal Issues

  1. 1 Whether the Magistrate erred in refusing bail prior to committal
  2. 2 Whether the seriousness of the offence alone is sufficient to refuse bail

Ratio Decidendi

The Magistrate's reasoning for refusing bail was illogical; the seriousness of the offence could justify refusal, but this was not clearly stated. Bail should be granted when £7,500 is deposited, subject to conditions.

Court Disposition

bail granted

Orders

  • Bail granted upon deposit of £7,500 (cheque must clear)
  • Applicant to reside at current address and inform Police of any change