AG -v- Q [2016] JRC 194 (25 October 2016)

AG -v- Q [2016] JRC 194 (25 October 2016)

The prosecution is stayed as an abuse of process because the defendant was given an unequivocal representation by the police that he would not be prosecuted for the offences, there was an 8-year delay, and there is no evidence of renewed complaint or public interest requiring prosecution. Proceeding with the prosecution would be an affront to justice.

Citation
[2016] JRC 194
Parties
Defendant: The Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
25 October 2016
Procedural Posture
Criminal / Pre Trial Application for Stay of Proceedings and Challenge to Admissibility of Evidence
Outcome
prosecution stayed as an abuse of process
Legal Topics
Abuse of Process, Stay of Proceedings, Unlawful Sexual Intercourse, Representation by Authorities, Delay in Prosecution, Admissibility of Admissions
Criminal Law Procedural Law Abuse of Process Stay of Proceedings Unlawful Sexual Intercourse Representation by Authorities Delay in Prosecution Admissibility of Admissions

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Parties

The Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Application for Stay of Proceedings and Challenge to Admissibility of Evidence

Legal Issues

  1. 1 Whether the prosecution for unlawful sexual intercourse should be stayed as an abuse of process due to an unequivocal representation by the authorities that there would be no prosecution and significant delay
  2. 2 Whether the admissions made by the defendant in police interviews are admissible

Ratio Decidendi

The prosecution is stayed as an abuse of process because the defendant was given an unequivocal representation by the police that he would not be prosecuted for the offences, there was an 8-year delay, and there is no evidence of renewed complaint or public interest requiring prosecution. Proceeding with the prosecution would be an affront to justice.

Court Disposition

prosecution stayed as an abuse of process

Orders

  • The prosecution for unlawful sexual intercourse is stayed.
  • The application to exclude evidence of admissions is rendered moot.