The Attorney General v Daniel Paul Wheeler
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Bail Application / Application for Bail Refused
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Professional case brief
Research organized from the available case record
01
Holding and result
The bail application was refused because there had been no sufficient change of circumstances since the Court's earlier refusal in December last year. The Court considered that the anticipated delay to trial was already known and did not justify departing from the previous decision.
Court disposition
Bail refused
Orders
- Application for bail refused.
- A further directions hearing is to be fixed and notified to counsel.
02
Material facts
Parties
The Attorney General
Applicant/respondent Counsel: L. Sette, Esq., Crown Advocate.Daniel Paul Wheeler
Defendant Counsel: Advocate G. F. Herold-Howes03
Procedural history
Posture
Bail Application / Application for Bail Refused
04
Questions and positions
Legal issues
- 01
Whether bail should be granted on the present application.
- 02
Whether there had been a sufficient change of circumstances to justify revisiting the earlier refusal of bail.
- 03
How the delay in bringing the case to trial should be addressed.
05
Court’s reasoning
Legal principles
- 01
Court's ex tempore judgment
Where a bail application has been made and refused, there must be a change of circumstances before the bail application will be reconsidered.
- 02
Court's ex tempore judgment
Delay in a case should be addressed through proper case management and an earlier directions hearing where necessary.
06
Ratio, limits and disposition
Ratio decidendi
The bail application was refused because there had been no sufficient change of circumstances since the Court's earlier refusal in December last year. The Court considered that the anticipated delay to trial was already known and did not justify departing from the previous decision.
Obiter and limits
- The Court was troubled by the delay in the case and would arrange a further directions hearing before Commissioner Binnington.
- Counsel were reminded of their obligation to ensure the case is properly managed, including early attention to admissions and any adverse inferences or bad character applications.
Court disposition
Bail refused
- Application for bail refused.
- A further directions hearing is to be fixed and notified to counsel.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
Application for bail refused [2025]JRC177 Royal Court (Samedi) 13 June 2025 Before : Sir William Bailhache, Commissioner, and Jurats Le Cornu and Powell The Attorney General -v- Daniel Paul Wheeler L. Sette, Esq., Crown Advocate. Advocate G. F. Herold-Howes for the Defendant.
EX TEMPORE JUDGMENT THE COMMISSIONER: 1. Mr Wheeler, the bail application is refused. It is absolutely usual practice that where a bail application has been made and has been refused, there needs to be a change of circumstances before the bail application will be reconsidered, and we do not think that there are any sufficient change of circumstances to justify the departure from the decision that was taken by the Court in December last year. It was known then that it was going to be a long delay until the trial date, and if one looks at the comments of the Learned Bailiff, he indicates, very properly, that the parties should look to get an earlier date, but the nature of things is that the Court must have considered that there might not be an earlier date and the trial would take place in November, as it now appears it will.
2. However, I do want to add that the Court is very troubled by the delay that is taking place in this case, and I am going to speak to the Bailiff’s Judicial Secretary and will fix a date which will be notified to counsel for a further directions hearing in front of Commissioner Binnington, I gather is presiding in November, because this case, if I may put it this way, needs shaking, and that counsel have an obligation to make sure the case is managed properly and that early attention is given to matters like admissions, the question of whether any adverse inferences or bad character applications and so on can be made. That needs to be dealt with soon.
3. So, bail is refused, Mr Wheeler. No Authorities
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