1999/139 - Comer v AG [1999] UR 139 (30 July 1999)

1999/139 - Comer v AG [1999] UR 139 (30 July 1999)

The Representation is dismissed as misconceived and fundamentally flawed; the court lacks jurisdiction to grant the relief sought, and any complaints or claims must be addressed at trial.

Citation
[1999] UR 139
Parties
Applicant: Stephen Anthony Comer; Respondent: Her Majesty’s Attorney General; Defence Advocate (criminal Trial): Advocate Young
Jurisdiction
Jersey
Judgment Date
30 July 1999
Procedural Posture
Representation / Pre Trial Application
Outcome
Representation dismissed
Legal Topics
Committal for Trial, Judicial Review of Prosecutorial Decisions, Disclosure of Evidence, Damages, Costs
Criminal Law Judicial Review Committal for Trial Judicial Review of Prosecutorial Decisions Disclosure of Evidence Damages Costs

Case Brief

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Parties

Stephen Anthony Comer

Applicant

Her Majesty’s Attorney General

Respondent

Advocate Young

Defence Advocate (criminal Trial)

Procedural Posture

Representation / Pre Trial Application

Legal Issues

  1. 1 Whether the committal for trial was lawful
  2. 2 Whether the applicant was deprived of adducing evidence at committal
  3. 3 Whether the prosecution should be discontinued

Ratio Decidendi

The Representation is dismissed as misconceived and fundamentally flawed; the court lacks jurisdiction to grant the relief sought, and any complaints or claims must be addressed at trial.

Court Disposition

Representation dismissed

Orders

  • Attorney General convened and heard
  • Transcript and tape to be released to applicant