AG -v- Humble [2018] JRC 112A (27 June 2018)

AG -v- Humble [2018] JRC 112A (27 June 2018)

Even if the Court has jurisdiction to order indemnity costs in criminal cases, the circumstances of this case do not justify such an order; the usual order for costs is appropriate.

Citation
[2018] JRC 112A
Parties
Prosecution: The Crown; Defendant: Unnamed Defendant
Jurisdiction
Jersey
Judgment Date
27 June 2018
Procedural Posture
Criminal / Post Acquittal Costs Application
Outcome
Application for indemnity costs refused; standard costs awarded to the defendant.
Legal Topics
Award of Costs, Indemnity Costs, Standard Costs, Admissibility of Evidence
Criminal Law Costs Award of Costs Indemnity Costs Standard Costs Admissibility of Evidence

Case Brief

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Parties

The Crown

Prosecution

Unnamed Defendant

Defendant

Procedural Posture

Criminal / Post Acquittal Costs Application

Legal Issues

  1. 1 Whether the Court has jurisdiction to award indemnity costs in criminal proceedings under the Costs of Criminal Cases (Jersey) Law 1961
  2. 2 Whether the conduct of the Crown justifies an order for indemnity costs

Ratio Decidendi

Even if the Court has jurisdiction to order indemnity costs in criminal cases, the circumstances of this case do not justify such an order; the usual order for costs is appropriate.

Court Disposition

Application for indemnity costs refused; standard costs awarded to the defendant.

Orders

  • The defendant shall have his costs on the usual (standard) basis.