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Jersey Case Law

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Criminal law

The Attorney General v Shay John Edward Bester

The Royal Court refused most sexual-history questioning of a complainant under Article 43 and refused a defence application to discharge the jury and order a retrial.

  • Sexual history evidence
  • Leave to cross-examine complainant
  • Fair trial
  • Discharge of jury
  • Retrial application
  • Sexual-history-evidence
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Criminal procedure [2024] JRC 196

AG v Correia

AG v Correia [2024] JRC 196 (16 September 2024)

The court granted an application for screens so the complainant and a 17-year-old witness could give evidence without the defendant present, to protect evidence quality.

  • Special measures
  • Witness protection
  • Screens in court
  • Special-measures
  • Witness-protection
  • Screens-in-court
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Criminal law

HM Attorney General v Jake Marley Robertson

The Royal Court allowed an unrepresented defendant to withdraw a guilty plea to grave and criminal assault, finding the plea was unequivocal but discretion should be exercised in his favour.

  • Withdrawal of guilty plea
  • Exercise of discretion
  • Unequivocal plea
  • Self-defence
  • Unrepresented defendant
  • Withdrawal-of-guilty-plea
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Criminal law [2021] JRC 052

B v AG 18-Feb-2021

B v AG 18-Feb-2021 [2021] JRC 052 (18 February 2021)

The Royal Court allowed an appeal against refusal to vacate a guilty plea for common assault, holding the plea was not unequivocal and staying further prosecution.

  • Guilty plea
  • Vacating plea
  • Assault
  • Intermediary appointment
  • Fair trial
  • Mens rea
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Tort [2019] JRC 051

Verga v Nedbank Private Wealth Ltd and Ors

Verga v Nedbank Private Wealth Ltd and Ors [2019] JRC 051 (28 March 2019)

The Royal Court struck out a plaintiff’s tort claim as time-barred and, alternatively, because the pleaded allegations were protected by absolute privilege and statutory immunity.

  • Limitation period
  • Absolute privilege
  • Immunity
  • Negligent misstatement
  • Malicious prosecution
  • Duty of care
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Criminal procedure [2017] 1 JLR 291

Warren v. Lieutenant-Governor

Warren v. Lieutenant-Governor [2017] 1 JLR 291 (21 June 2017)

Judicial review of the Lieutenant-Governor’s refusal to refer a case under art. 43 failed because the Royal Court found the challenge did not meet the very high threshold.

  • Judicial review
  • Lieutenant-governor's reference
  • Refusal to refer
  • Court of appeal (jersey) law 1961, art. 43
  • Judicial-review
  • Criminal-procedure
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Criminal procedure

Att. Gen. v. Dixey

Att. Gen. v. Dixey [2017] 1 JLR_Note 10 (28 April 2017)

Criminal procedure note on whether bail should be granted while the respondent is remanded for sentence.

  • Bail
  • Remand for sentence
  • Criminal-procedure
  • Remand-for-sentence
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Criminal procedure [2017] 1 JLR 64

Doraville Properties Corp. v. Att. Gen.

Doraville Properties Corp. v. Att. Gen. [2017] 1 JLR 64 (22 February 2017)

The court held that a US default judgment expressly finding assets to be proceeds of crime satisfied Jersey’s definition of tainted property.

  • Tainted property definition
  • External civil asset recovery order
  • Asset-recovery
  • Tainted-property
  • Criminal-procedure
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Criminal procedure [2016] 2 JLR 44

In re Doraville Properties

In re Doraville Properties [2016] 2 JLR 44 (22 July 2016)

The court held that a US default judgment expressly finding money laundering on verified evidence could satisfy Jersey’s definition of tainted property.

  • Proceeds of criminal conduct
  • Tainted property
  • International co-operation
  • Asset-recovery
  • Tainted-property
  • Criminal-proceeds
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Criminal law [2016] JRC 072

AG -v- Maton

AG -v- Maton [2016] JRC 072 (24 March 2016)

The Royal Court held that a magistrate may still commit a case for trial under Article 3(2) of the 1949 Law before sentence, even after a guilty plea has been entered.

  • Committal procedure
  • Jurisdiction of magistrate's court
  • Statutory interpretation
  • Sentencing powers
  • Committal-procedure
  • Magistrates-court-jurisdiction
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.