1998/184 - AG v Shewan & McLean [1998] UR 184 (28 August 1998)
Bail refused due to gravity of offence, witness fear, and strength of prosecution opposition prevailing over applicants' arguments.
- Citation
- [1998] UR 184
- Parties
- Applicant: Shewan; Applicant: McLean; Respondent: Crown
- Jurisdiction
- Jersey
- Judgment Date
- 28 August 1998
- Procedural Posture
- Bail Application / De Novo Hearing
- Outcome
- application dismissed
- Legal Topics
- Bail, Affray, Assault
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 Amounts and remedies 1
Parties
Shewan
Applicant
McLean
Applicant
Crown
Respondent
Procedural Posture
Bail Application / De Novo Hearing
Legal Issues
- 1 Whether bail should be granted in a serious affray and assault case
- 2 Impact of witness fear and gravity of offence on bail
- 3 Consideration of delay and personal circumstances in bail application
Ratio Decidendi
Bail refused due to gravity of offence, witness fear, and strength of prosecution opposition prevailing over applicants' arguments.
Court Disposition
application dismissed
Orders
- Shewan allowed freedom of movement under escort at Prison Governor's discretion
- Fresh application on grounds of mercy may be made if complications arise
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