1998/252 - AG v Cairns [1998] UR 252 (11 December 1998)

1998/252 - AG v Cairns [1998] UR 252 (11 December 1998)

Bail was granted due to the exceptional hardship to the applicant's employer, a small company facing significant operational and financial difficulties during its busiest period, which constituted rare and exceptional circumstances justifying departure from the usual rule against bail after a guilty plea to a serious offence.

Citation
[1998] UR 252
Parties
Applicant: Thomas Cairns; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
11 December 1998
Procedural Posture
Bail Application / Post Guilty Plea, Pre Sentencing
Outcome
bail granted with conditions
Legal Topics
Bail After Guilty Plea, Exceptional Circumstances for Bail, Conditions of Bail
Criminal Law Bail Bail After Guilty Plea Exceptional Circumstances for Bail Conditions of Bail

Case Brief

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Parties

Thomas Cairns

Applicant

Attorney General

Respondent

Procedural Posture

Bail Application / Post Guilty Plea, Pre Sentencing

Legal Issues

  1. 1 Whether bail should be granted after a guilty plea to a serious offence
  2. 2 Whether exceptional and rare circumstances exist to justify bail

Ratio Decidendi

Bail was granted due to the exceptional hardship to the applicant's employer, a small company facing significant operational and financial difficulties during its busiest period, which constituted rare and exceptional circumstances justifying departure from the usual rule against bail after a guilty plea to a serious offence.

Court Disposition

bail granted with conditions

Orders

  • Bail granted upon a surety of £3,000 to be provided by the company.
  • Applicant not to leave the Island during the bail period.