Morgan v AG [2020] JRC 193 (25 September 2020)

JUDGMENT THE commissioner: 1. As this court has said on many occasions, including in the case of AG v Dixey and Pereira [2017] JRC 081 to which we have been referred, after a person has pleaded guilty to an offence which is almost inevitability going to lead to a prison sentence, it is only in exceptional circumstances that bail will be granted after the plea is entered.

2. However, we have carefully considered the matter in this case and we have just been persuaded that the circumstances, which appear from the papers before us and which have been elaborated by Advocate Bell, do constitute exceptional circumstances. We are therefore going to grant bail.

3. You must realise in this case Mr Morgan that it seems highly likely that there will be a substantial prison sentence. You must therefore use this time constructively in order to assist your step-father to be able to manage with assistance if you are sent to prison.

4. You must not read this decision as any indication that the Court thinks a prison sentence will not be imposed, it still seems highly likely. So use the time constructively. But we are satisfied that it is exceptional and that it would right for you to have this opportunity to prepare the ground for your step-father and we have also taken into account the other matters disclosed in the documents before us.

5. As to the conditions, bail will be on conditions. They will be, Mr Solicitor General, on the form you have provided to us but with the addition at number 3, we suggest, of the standard condition, which was in the other papers, about surrendering all photographic ID. So the conditions Mr Morgan are that you must reside at the address that you have given and is in here and must not change address without permission from the Attorney General. You must immediately give notice in writing of any change of address to the Police, the Viscount's Department, Probation Service and your Advocate. There will be an inclusion of the surrendering of all photographic ID in the standard form, and in addition you must not leave the Island without the previous consent of the Attorney General, which you must get at least 2 days before, and you must attend the Probation Service to prepare any reports. So those are the conditions. You must stick by them; if you breach them then you will certainly be locked-up.

6. On that basis this case is adjourned for sentence along with the others on 14 th December, 2020 before the Superior Number at 10.00am and, as I say, you are remanded on bail on those conditions. Authorities AG v Dixey and Pereira [2017] JRC 081 . Page Last Updated: 06 Oct 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII