AG -v- U [2011] JRC 053 (08 March 2011)

AG -v- U [2011] JRC 053 (08 March 2011)

The Court exercised its discretion to allow the Crown to proceed with the six counts left on file due to the relatively short period since the counts were left, fairness to victims and the public, and the interests of justice, especially in light of new evidence and the nature of the offending.

Citation
[2011] JRC 053
Parties
Prosecution: The Crown; Defendant: The accused
Jurisdiction
Jersey
Judgment Date
08 March 2011
Procedural Posture
Criminal / Post Conviction, Application for Leave to Proceed With Counts Left on File
Outcome
Leave granted to Crown to proceed with six counts left on file.
Legal Topics
Practice of Leaving Counts on File, Fairness in Criminal Procedure, Sex Offences, Statutory Offences, Customary Law Offences
Criminal Law Practice of Leaving Counts on File Fairness in Criminal Procedure Sex Offences Statutory Offences Customary Law Offences

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Parties

The Crown

Prosecution

The accused

Defendant

Procedural Posture

Criminal / Post Conviction, Application for Leave to Proceed With Counts Left on File

Legal Issues

  1. 1 Whether the Crown should be granted leave to proceed with counts previously left on file
  2. 2 Fairness to the accused and public in reviving counts
  3. 3 Impact of new evidence on previous convictions

Ratio Decidendi

The Court exercised its discretion to allow the Crown to proceed with the six counts left on file due to the relatively short period since the counts were left, fairness to victims and the public, and the interests of justice, especially in light of new evidence and the nature of the offending.

Court Disposition

Leave granted to Crown to proceed with six counts left on file.

Orders

  • Accused remanded in custody until 18th March for formal indictment and plea entry.