AG -v- W [2014] JRC 083 (28 March 2014)

AG -v- W [2014] JRC 083 (28 March 2014)

A fair trial is not possible for counts involving the first complainant due to loss of records, inability to determine scope of prior acquittal, and evidential holes; stay granted for counts 1-6. No abuse of process found for counts involving second and third complainants; trial to proceed on those counts.

Citation
[2014] JRC 083
Parties
Defendant: W; Prosecution: Attorney General; First Complainant: B; Second Complainant: C; Third Complainant: A
Jurisdiction
Jersey
Judgment Date
28 March 2014
Procedural Posture
Criminal / Pre Trial Application for Stay/abuse of Process
Outcome
Partial stay granted; prosecution stayed for counts 1-6 (first complainant); trial to proceed on remaining counts.
Legal Topics
Abuse of Process, Disclosure, Historic Sexual Offences, Autrefois Acquit, Fair Trial
Criminal Law Abuse of Process Disclosure Historic Sexual Offences Autrefois Acquit Fair Trial

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Parties

W

Defendant

Attorney General

Prosecution

B

First Complainant

C

Second Complainant

A

Third Complainant

Procedural Posture

Criminal / Pre Trial Application for Stay/abuse of Process

Legal Issues

  1. 1 Whether prosecution should be stayed for abuse of process due to delay and disclosure failures
  2. 2 Whether evidence of first complainant should be excluded due to prior acquittal and loss of records
  3. 3 Whether prosecution can proceed given alleged prejudice to defendant's fair trial rights

Ratio Decidendi

A fair trial is not possible for counts involving the first complainant due to loss of records, inability to determine scope of prior acquittal, and evidential holes; stay granted for counts 1-6. No abuse of process found for counts involving second and third complainants; trial to proceed on those counts.

Court Disposition

Partial stay granted; prosecution stayed for counts 1-6 (first complainant); trial to proceed on remaining counts.

Orders

  • Stay of prosecution for counts 1-6 granted.
  • Trial to proceed on counts 7-18.