Michel and Gallichan -v- AG [2007] JCA 009 (16 January 2007)

Michel and Gallichan -v- AG [2007] JCA 009 (16 January 2007)

Mr. Michel has the means to pay a reasonable costs order; £20,000 is a fair figure for both applications, and £10,000 is ordered against Mr. Michel. Mrs. Gallichan lacks capacity and made no profit from her criminal activity, so no order is made against her.

Source-derived case information.

Citation
[2007] JCA 009
Parties
Applicant: Peter Wilson Michel; Applicant: Simone Anne Gallichan; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
16 January 2007
Procedural Posture
Criminal Costs Application / Post Dismissal of Leave to Appeal
Outcome
Costs order made against Mr. Michel; no order against Mrs. Gallichan.
Legal Topics
Costs in Criminal Cases, Discretion in Awarding Costs, Capacity to Pay, Compensation Vs Punishment
Criminal Law Costs Costs in Criminal Cases Discretion in Awarding Costs Capacity to Pay Compensation Vs Punishment

Source-derived case record

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Parties

Peter Wilson Michel

Applicant

Simone Anne Gallichan

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Costs Application / Post Dismissal of Leave to Appeal

Legal Issues

  1. 1 Should costs be awarded against unsuccessful applicants for leave to appeal?
  2. 2 What principles govern the exercise of discretion in awarding costs?
  3. 3 How should the applicants' capacity to pay be assessed?

Ratio Decidendi

Mr. Michel has the means to pay a reasonable costs order; £20,000 is a fair figure for both applications, and £10,000 is ordered against Mr. Michel. Mrs. Gallichan lacks capacity and made no profit from her criminal activity, so no order is made against her.

Court Disposition

Costs order made against Mr. Michel; no order against Mrs. Gallichan.

Orders

  • Mr. Michel to pay £10,000 to the Attorney General.
  • No costs order against Mrs. Gallichan.