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Jersey Case Law

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Criminal law

The Attorney General -v- Timothy David Nicolle

The Royal Court held the defendant remained unfit to stand trial, ordered a trial of the facts, and directed it be heard before the Inferior Number.

  • Fitness to stand trial
  • Trial of the facts
  • Jury or judge alone allocation
  • Mental capacity
  • Special verdict
  • Fitness-to-stand-trial
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Civil forfeiture [2019] JRC 220

AG v Ellis 04-Nov-2019

AG v Ellis 04-Nov-2019 [2019] JRC 220 (04 November 2019)

The Jersey Royal Court refused the Attorney General leave to appeal a ruling on proportionality and burden of proof in civil forfeiture proceedings.

  • Proportionality
  • Burden of proof
  • Right of appeal
  • Summary procedure
  • Civil-forfeiture
  • Leave-to-appeal
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Criminal law [2019] JRC 108

O'Byrne v AG

O'Byrne v AG [2019] JRC 108 (11 June 2019)

The Royal Court granted leave to appeal out of time in a criminal appeal, but refused to rehear witnesses or compel notes of a magistrate-probation meeting.

  • Appeal procedure
  • Notice of appeal
  • Right of appeal
  • Self-defence
  • Bias
  • Evidence admissibility
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Criminal law [2016] JRC 194

AG -v- Q

AG -v- Q [2016] JRC 194 (25 October 2016)

The prosecution is stayed as an abuse of process because the defendant was given an unequivocal representation by the police that he would not be prosecuted for the offences, there was an 8-year delay, and there is no evidence of renewed complaint or public interest requiring prosecution. Proceeding with the prosecution would be an affront to justice.

  • Abuse of process
  • Stay of proceedings
  • Unlawful sexual intercourse
  • Representation by authorities
  • Delay in prosecution
  • Admissibility of admissions
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Criminal law [2016] JCA 098A

Arthur -v- AG

Arthur -v- AG [2016] JCA 098A (26 May 2016)

The Court of Appeal held it had no jurisdiction to hear an appeal against the Attorney General’s decision to indict directly to the Royal Court.

  • Right to appeal
  • Direct indictment
  • Committal proceedings
  • Jurisdiction of court of appeal
  • Criminal-procedure
  • Appellate-jurisdiction
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Criminal law [2015] JRC 066B

AG -v- Caruso

AG -v- Caruso [2015] JRC 066B (30 March 2015)

The Royal Court rejected a judicial review of a bail refusal, holding the Assistant Magistrate was entitled to refuse bail on flight and interference risks.

  • Bail
  • Judicial review
  • Conspiracy to commit fraud
  • Judicial-review
  • Conspiracy-to-fraud
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Criminal law [2015] JRC 012

Evans -v- AG

Evans -v- AG [2015] JRC 012 (19 January 2015)

The court held that the appellant had abandoned his appeal by conduct after failing to engage with the process or attend the hearing.

  • Abandonment of appeal
  • Fair trial rights
  • Extension of time
  • Service of process
  • Abandonment-of-appeal
  • Criminal-appeal
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Criminal law [2013] 1 JLR 91

Graham v Att. Gen.

Graham v Att. Gen. [2013] 1 JLR 91 (22 January 2013)

Royal Court appeal from the Magistrate’s Court. The court held it had wide discretion, substituted a conviction for a lesser offence, and reduced sentence.

  • Appeals
  • Procedural defects
  • Errors of law
  • Unrepresented defendants
  • Substitution of conviction
  • Criminal-appeals
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Insurance law [2013] JRC 003

Rep of Tunbridge Wells Equitable Friendly Society and Forester Life

Rep of Tunbridge Wells Equitable Friendly Society and Forester Life [2013] JRC 003 (04 January 2013)

The Jersey Royal Court granted dispensation from full notice requirements for an insurance business transfer scheme and held that such preliminary applications should be heard by a judge alone.

  • Transfer of insurance business
  • Court procedural requirements
  • Dispensation of notice requirements
  • Insurance-transfer
  • Procedural-law
  • Notice-requirements
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Arbitration [2012] 1 JLR 150

Degano Ltd. v Houze Constr.

Degano Ltd. v Houze Constr. [2012] 1 JLR 150 (27 January 2012)

The court refused to remove an arbitrator, holding that refusal of an extension of time did not amount to misconduct where agreed procedure and submissions were considered.

  • Removal of arbitrator
  • Misconduct
  • Procedural fairness
  • Natural justice
  • Arbitration
  • Removal-of-arbitrator
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