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Jersey Case Law

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Criminal law [2022] JCA 195

Le Lay v HM Attorney General

Le Lay v HM Attorney General [2022] JCA 195 (22 September 2022)

The Court of Appeal refused leave to appeal against convictions, rejecting fresh evidence, unfair-trial, bias, and unfitness-to-plead arguments.

  • Appeal on fresh evidence
  • Trial in absence of defendant
  • Judicial bias
  • Fitness to plead
  • Cross-examination restrictions
  • Fresh-evidence
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Mental health law [2022] JRC 268

AG v Nicolle

AG v Nicolle [2022] JRC 268 (11 May 2022)

The court found Mr Nicolle unfit to participate in the proceedings and adjourned the case for further evidence on whether a treatment order should be made.

  • Fitness to plead
  • Capacity
  • Treatment order
  • Mental disorder
  • Fitness-to-participate
  • Mental-health-law
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Criminal law [2021] JRC 314

AG v Ibbet

AG v Ibbet [2021] JRC 314 (17 December 2021)

The Jersey Royal Court found the defendant unfit to stand trial because of untreated mental disorder, declined to adjourn for treatment, and set a further hearing to determine actus reus.

  • Fitness to plead
  • Mental disorder
  • Capacity to participate
  • Special verdicts
  • Fitness-to-stand-trial
  • Mental-disorder
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Criminal law [2019] JRC 179A

AG v Michel 16-Sep-2019

AG v Michel 16-Sep-2019 [2019] JRC 179A (16 September 2019)

The Jersey Royal Court confirmed fitness to plead and granted a treatment order and restriction order for a guilty defendant under the Mental Health (Jersey) Law 2016.

  • Treatment order
  • Restriction order
  • Fitness to plead
  • Culpability
  • Sentencing alternatives
  • Treatment-order
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Criminal law [2018] JRC 200

AG v McLean

AG v McLean [2018] JRC 200 (31 October 2018)

The Royal Court found the defendant incapable of participating effectively in criminal proceedings because of alcohol-related cognitive impairment and ordered unconditional release.

  • Fitness to plead
  • Incapacity
  • Restraining orders
  • Breach of restraining order
  • Fitness-to-plead
  • Criminal-incapacity
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Criminal law [2018] JRC 097

AG -v- C

AG -v- C [2018] JRC 097 (01 June 2018)

The Royal Court found the defendant unfit to plead, holding that epilepsy, severe anxiety, and borderline intellectual functioning prevented effective participation.

  • Fitness to plead
  • Insanity
  • Capacity to participate in proceedings
  • Fitness-to-plead
  • Criminal-procedure
  • Mental-health-law
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Criminal law [2017] JRC 164

AG -v- Kean

AG -v- Kean [2017] JRC 164 (09 October 2017)

The Royal Court found the defendant unfit to plead and stand trial on the balance of probabilities, relying on unanimous psychiatric evidence and stayed the prosecution.

  • Fitness to plead
  • Insanity
  • Criminal procedure
  • Detention during her majesty's pleasure
  • Fitness-to-plead
  • Criminal-procedure
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Criminal law [2017] JRC 053

AG -v- Sousa

AG -v- Sousa [2017] JRC 053 (29 March 2017)

The court applied the fitness-to-plead test and, on expert evidence accepted by both sides, declared the defendant fit to plead and fit to stand trial.

  • Fitness to plead
  • Mental health
  • Sodomy
  • Indecent assault
  • Fitness-to-plead
  • Mental-health
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Criminal law

Att. Gen. v. Baker

Att. Gen. v. Baker [2016] 2 JLR_Note 6 (01 September 2016)

The court found the respondent unfit to plead in criminal proceedings and made a hospital order under Jersey criminal law.

  • Fitness to plead
  • Hospital order
  • Fitness-to-plead
  • Hospital-order
  • Criminal-procedure
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Criminal law [2016] JRC 151

AG -v- Baker

AG -v- Baker [2016] JRC 151 (01 September 2016)

The Royal Court found the defendant unfit to plead on agreed psychiatric evidence and ordered detention at HMP La Moye pending possible transfer to Brockfield House.

  • Fitness to plead
  • Insanity
  • Detention
  • Psychiatric evidence
  • Fitness-to-plead
  • Psychiatric-evidence
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