1998/182 - AG v Swanston [1998] UR 182 (26 August 1998)

The defendant failed to demonstrate that proceeding without delay would result in prejudice sufficient to prevent a fair trial; therefore, the trial will proceed as scheduled.

Citation: [1998] UR 182
Parties: Prosecution: The Prosecution; Defendant: The Accused
Jurisdiction: Jersey
Judgment Date: 26 August 1998
Procedural Posture: Criminal / Pre Trial Application
Outcome: Application for delay refused; trial to proceed as scheduled.
Legal Topics: Adjournment, Fair Trial, Delay of Proceedings

Criminal Law Adjournment Fair Trial Delay of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

The Prosecution

Prosecution

The Accused

Defendant

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

1 Whether a stay or delay of proceedings should be granted due to alleged prejudice to the defendant

Ratio Decidendi

The defendant failed to demonstrate that proceeding without delay would result in prejudice sufficient to prevent a fair trial; therefore, the trial will proceed as scheduled.

Court Disposition

Application for delay refused; trial to proceed as scheduled.

Orders

Trial to proceed on 7 September as scheduled.