Saturnino -v- AG [2015] JRC 239 (20 November 2015)

Saturnino -v- AG [2015] JRC 239 (20 November 2015)

The Assistant Magistrate's decision to refuse bail based on risk of reoffending was reasonable and not open to criticism under the established test.

Citation
[2015] JRC 239
Parties
Applicant: The Defendant; Respondent: The Prosecution
Jurisdiction
Jersey
Judgment Date
20 November 2015
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
appeal dismissed
Legal Topics
Bail, Risk of Reoffending, Mental Health Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

The Defendant

Applicant

The Prosecution

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

  1. 1 Whether the Assistant Magistrate's refusal of bail was unreasonable
  2. 2 Whether the risk of reoffending justified refusal of bail

Ratio Decidendi

The Assistant Magistrate's decision to refuse bail based on risk of reoffending was reasonable and not open to criticism under the established test.

Court Disposition

appeal dismissed

Orders

  • The decision of the Assistant Magistrate stands.
  • Defendant to be assessed at the earliest opportunity; bail may be revisited if grounds exist.