W v. Att. Gen. [2015] 1 JLR 29 (28 November 2014)
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.
- Citation
- [2015] 1 JLR 29
- Parties
- Applicant: W; Respondent: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 28 November 2014
- Procedural Posture
- Criminal / Application for Stay of Proceedings
- Outcome
- application for stay of proceedings dismissed
- Legal Topics
- Abuse of Process, Stay of Proceedings, Historic Sexual Offences, Fair Trial
Case Brief
Summary, issues, holding and outcome
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Parties
W
Applicant
Attorney General
Respondent
Procedural Posture
Criminal / Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings should be stayed for abuse of process due to delay
- 2 Whether delay of over 50 years renders a fair trial impossible
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
Full Case Text
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