AG v Freitas [2021] JRC 251 (08 October 2021)

There is insufficient evidence to justify refusal of bail on grounds of risk of absconding or interference with witnesses, and appropriate bail conditions can address the Crown's concerns.

Citation: [2021] JRC 251
Parties: Defendant: Mr Freitas; Prosecution: Crown; Other: Ms Ferreira
Jurisdiction: Jersey
Judgment Date: 08 October 2021
Procedural Posture: Criminal / Bail Application
Outcome: Bail granted with conditions
Legal Topics: Bail, Witness Interference, Right to Bail

Criminal Law Bail Witness Interference Right to Bail

Case Brief

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Parties

Mr Freitas

Defendant

Crown

Prosecution

Ms Ferreira

Other

Procedural Posture

Criminal / Bail Application

Legal Issues

1 Whether the defendant should be granted bail
2 Whether there is a risk of failure to surrender to bail
3 Whether there is a risk of interference with witnesses

Ratio Decidendi

There is insufficient evidence to justify refusal of bail on grounds of risk of absconding or interference with witnesses, and appropriate bail conditions can address the Crown's concerns.

Court Disposition

Bail granted with conditions

Orders

Defendant to reside at specified address away from complainant
No contact directly or indirectly with specified witnesses