1998/256 - AG v Gormley [1998] UR 256 (18 December 1998)

The only circumstance qualifying as rare and exceptional was the unexpected arrival of the defendant's son; absent this, bail would not have been granted.

Citation: [1998] UR 256
Parties: Prosecutor: Attorney General; Defendant: Unnamed Defendant
Jurisdiction: Jersey
Judgment Date: 18 December 1998
Procedural Posture: Criminal / Post Conviction Bail Application
Outcome: bail granted
Legal Topics: Bail, Exceptional Circumstances, Plea of Guilty

Criminal Law Bail Exceptional Circumstances Plea of Guilty

Case Brief

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Parties

Attorney General

Prosecutor

Unnamed Defendant

Defendant

Procedural Posture

Criminal / Post Conviction Bail Application

Legal Issues

1 Whether the circumstances advanced by the defendant qualify as rare and exceptional to justify bail after a guilty plea to a serious offence

Ratio Decidendi

The only circumstance qualifying as rare and exceptional was the unexpected arrival of the defendant's son; absent this, bail would not have been granted.

Court Disposition

bail granted

Orders

Bail granted from today until 9.00 am on 4 January 1999.
Defendant to reside with Mr and Mrs Wilkinson during probation.