Monet v Her Majesty’s Attorney General
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application for Leave to Appeal Against Conviction and for Release on Bail Pending Determination of Appeal / Judgment on Bail Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant had been convicted of serious offences and was due to be sentenced in a little over three weeks; no special reasons were shown to justify release on bail, so bail was refused.
Court disposition
Application refused
Orders
- Application for release on bail pending determination of the appeal is refused.
02
Material facts
Parties
Kelvin Peter MONET
Appellant / Applicant Counsel: Advocate R. JusteHer Majesty’s Attorney General
Respondent Counsel: M.St.J O’Connell, Esq., Crown Advocate03
Procedural history
Posture
Application for Leave to Appeal Against Conviction and for Release on Bail Pending Determination of Appeal / Judgment on Bail Application
04
Questions and positions
Legal issues
Whether bail should be granted pending determination of the appeal against conviction
05
Court’s reasoning
Legal principles
- 01
THE BAILIFF
Only in unusual circumstances is an offender who has been convicted of a serious offence released on bail pending sentence.
06
Ratio, limits and disposition
Ratio decidendi
The applicant had been convicted of serious offences and was due to be sentenced in a little over three weeks; no special reasons were shown to justify release on bail, so bail was refused.
Court disposition
Application refused
- Application for release on bail pending determination of the appeal is refused.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
2001/249 1 page
ROYAL COURT 15th December, 2000 Before: Sir Philip Bailhache, Bailiff; and Jurats Le Ruez and Le Breton Kelvin Peter MONET -v- Her Majesty’s Attorney General.
IN THE MATTER OF the application of Kelvin Peter MONET for leave to appeal against his conviction on 21st November, 2000, at a Criminal Assize, following a not guilty plea entered before the Inferior Number of the Royal Court on 26th May, 2000, to: 1 count of grave and criminal assault (count 1); 1 count of doing an act tending and intended to pervert the course of justice. (count 2). Application under Article 35(2) of the Court of Appeal (Jersey) Law, 1961, for release on bail pending determination of the appeal. Advocate R. Juste for the Appellant; M.St.J O’Connell, Esq., Crown Advocate. JUDGMENT. THE BAILIFF: 1. Only in unusual circumstances is an offender who has been convicted of a serious offence released on bail pending sentence.
2. This applicant is due to be sentenced in not much more than three weeks time for the offence of grave and criminal assault, and a further offence of perverting the course of justice of which he was convicted by the unanimous verdict of the Jury. We see no special reasons for granting bail, and the application is accordingly refused. No Authorities.
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