AG v Reis [2023] JRC 043 (16 March 2023)

AG v Reis [2023] JRC 043 (16 March 2023)

Where a defendant indicted for grave and criminal assault offers an early guilty plea to common assault on a realistic basis and is ultimately convicted of common assault, the outcome is tantamount to an acquittal on the original charge. The Court has jurisdiction to award defence costs under Article 2(1)(c), and in the exercise of discretion, a proportionate award (75%) of costs incurred since the offer to plead guilty is appropriate, subject to summary assessment and legal aid rates as the starting point.

Citation
[2023] JRC 043
Parties
Defendant: The Defendant; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
16 March 2023
Procedural Posture
Criminal / Post Verdict, Costs Application
Outcome
Defendant awarded 75% of defence costs incurred since 6 February 2022, to be taxed if not agreed.
Legal Topics
Defence Costs, Summary Assessment, Legal Aid, Acquittal, Conviction, Discretion in Costs Awards
Criminal Law Costs Law Defence Costs Summary Assessment Legal Aid Acquittal Conviction Discretion in Costs Awards

Case Brief

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Parties

The Defendant

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Post Verdict, Costs Application

Legal Issues

  1. 1 Whether the Court has jurisdiction to award defence costs when the defendant is convicted of an alternative offence to that charged
  2. 2 What proportion of costs should be awarded given the defendant's early offer to plead guilty to common assault
  3. 3 How to assess 'reasonably sufficient' costs under Article 2 and Article 5A of the Costs in Criminal Cases (Jersey) Law 1961

Ratio Decidendi

Where a defendant indicted for grave and criminal assault offers an early guilty plea to common assault on a realistic basis and is ultimately convicted of common assault, the outcome is tantamount to an acquittal on the original charge. The Court has jurisdiction to award defence costs under Article 2(1)(c), and in the exercise of discretion, a proportionate award (75%) of costs incurred since the offer to plead guilty is appropriate, subject to summary assessment and legal aid rates as the starting point.

Court Disposition

Defendant awarded 75% of defence costs incurred since 6 February 2022, to be taxed if not agreed.

Orders

  • Defendant to recover 75% of defence costs from central funds, subject to summary assessment.