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
Legal Issues
- 1 Whether the Assistant Magistrate's refusal of bail was unreasonable
- 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.
Full Case Text
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