AG -v- Godel and Others [2009] JRC 249 (23 December 2009)
The Assistant Magistrate misdirected herself in finding substantial grounds for believing the accused would re-offend, as no evidence supported such a conclusion. Bail should be reinstated.
- Citation
- [2009] JRC 249
- Parties
- Applicant: Paul Hartley; Applicant: Ryan Godel; Applicant: Daniel McIntyre
- Jurisdiction
- Jersey
- Judgment Date
- 23 December 2009
- Procedural Posture
- Bail Review / Post Magistrate Refusal, Pre Committal
- Outcome
- bail reinstated
- Legal Topics
- Bail, Custodial Sentence, Misdirection, Re Offending
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Parties
Paul Hartley
Applicant
Ryan Godel
Applicant
Daniel McIntyre
Applicant
Procedural Posture
Bail Review / Post Magistrate Refusal, Pre Committal
Legal Issues
- 1 Whether the Assistant Magistrate misdirected herself in refusing bail
- 2 Whether there were substantial grounds to believe the accused would re-offend if granted bail
Ratio Decidendi
The Assistant Magistrate misdirected herself in finding substantial grounds for believing the accused would re-offend, as no evidence supported such a conclusion. Bail should be reinstated.
Court Disposition
bail reinstated
Orders
- Bail reinstated on same conditions as previously granted by Relief Magistrate in November, except Mr Godel must reside at uncle's house between 8pm Christmas Day and 6.30am Boxing Day; address to be supplied to Greffier.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment