AG v Gillen [2017] JRC 022A (31 January 2017)

AG v Gillen [2017] JRC 022A (31 January 2017)

The application to amend the indictment was refused because the delay was attributable to the prosecution, there was no new evidence justifying the late amendment, and granting the application would necessitate an adjournment, causing prejudice to the defendant without sufficient justification.

Citation
[2017] JRC 022A
Parties
Applicant: The Crown; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
31 January 2017
Procedural Posture
Criminal / Application to Amend Indictment
Outcome
application refused
Legal Topics
Amendment of Indictment, Joinder of Charges, Attempting to Pervert the Course of Justice, Grave and Criminal Assault
Criminal Law Amendment of Indictment Joinder of Charges Attempting to Pervert the Course of Justice Grave and Criminal Assault

Case Brief

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Parties

The Crown

Applicant

Defendant

Respondent

Procedural Posture

Criminal / Application to Amend Indictment

Legal Issues

  1. 1 Whether to grant the Crown's application to add a count of attempting to pervert the course of justice to the indictment
  2. 2 Whether the amendment would cause undue delay or prejudice to the defendant

Ratio Decidendi

The application to amend the indictment was refused because the delay was attributable to the prosecution, there was no new evidence justifying the late amendment, and granting the application would necessitate an adjournment, causing prejudice to the defendant without sufficient justification.

Court Disposition

application refused

Orders

  • Application to amend the indictment to add a count of attempting to pervert the course of justice is rejected.