Jersey Judgment

W v. Att. Gen. [2015] 1 JLR 29 (28 November 2014)

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Professional case brief

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Source document

01

Holding and result

A fair trial of historic sexual offences is possible despite a delay of over 50 years; proceedings should not be stayed unless serious prejudice to the defence makes a fair trial impossible.

Court disposition

application for stay of proceedings dismissed

02

Material facts

Parties

W

Applicant

Attorney General

Respondent

03

Procedural history

  1. Posture

    Criminal / Application for Stay of Proceedings

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant argued that the delay of over 50 years caused serious prejudice to the defence, making a fair trial impossible and constituting an abuse of process.
Respondent
Respondent argued that a fair trial was still possible despite the delay and that the integrity of the criminal justice system would not be compromised.

05

Court’s reasoning

  1. 01

    Jersey Law Reports [2015] 1 JLR 29

    Proceedings may be stayed for abuse of process if a fair trial is impossible or to protect the integrity of the criminal justice system; exceptionally, proceedings may be stayed for delay if serious prejudice to the defence means a fair trial is not possible.

06

Ratio, limits and disposition

Ratio decidendi

A fair trial of historic sexual offences is possible despite a delay of over 50 years; proceedings should not be stayed unless serious prejudice to the defence makes a fair trial impossible.

Court disposition

application for stay of proceedings dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2015] 1 JLR 29

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