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Jersey Case Law

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Criminal law [2022] JRC 223

AG v Lyons

AG v Lyons [2022] JRC 223 (19 October 2022)

The Royal Court awarded the defendant his costs from public funds after he was acquitted on indictment counts and convicted only on an alternative lesser assault charge.

  • Costs in criminal cases
  • Defence case statements
  • Bad character evidence
  • Disclosure obligations
  • Costs-in-criminal-cases
  • Mixed-verdict-costs
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Criminal law [2017] JRC 211

AG v Capuano

AG v Capuano [2017] JRC 211 (13 December 2017)

The Jersey Royal Court held it had jurisdiction to let a count lie on the file without the defendant’s consent, but refused to do so and discharged him.

  • Jurisdiction to order indictment to lie on file
  • Defendant's right to verdict
  • Discretion in criminal procedure
  • Abuse of process
  • Costs in criminal cases
  • Criminal-procedure
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Criminal law [2017] JRC 155

AG -v- Gilbraith and Rawlinson

AG -v- Gilbraith and Rawlinson [2017] JRC 155 (22 September 2017)

The Jersey Royal Court sentenced two defendants for drug-related offences, imposing community service orders, dismissing some counts, and refusing to award prosecution costs.

  • Drug offences
  • Sentencing
  • Mitigation
  • Costs in criminal cases
  • Drug-offences
  • Criminal-costs
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Criminal law [2014] JRC 142A

AG -v- Cocks

AG -v- Cocks [2014] JRC 142A (14 July 2014)

Sentencing for prolonged fraud in obtaining income support and special payments. The court imposed 4 years’ imprisonment, compensation, and prosecution costs.

  • Fraud
  • Income support
  • Compensation orders
  • Costs in criminal cases
  • Income-support-fraud
  • Compensation-orders
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Criminal law [2012] 1 JLR 99

Att. Gen. v E

Att. Gen. v E [2012] 1 JLR 99 (23 January 2012)

The Royal Court held it had no power under the Sex Offenders (Jersey) Law 2010 to award costs out of public funds on appeal, absent express statutory authority.

  • Costs in criminal cases
  • Sex offender notification period
  • Statutory interpretation
  • Criminal-procedure
  • Costs-in-criminal-cases
  • Statutory-interpretation
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Criminal law [2011] JCA 063

X v AG

X v AG [2011] JCA 063 (23 March 2011)

The Court of Appeal dismissed an appeal against a ÂŁ180,000 prosecution costs order, holding the Royal Court had a discretion to award costs and no blameworthy conduct was required.

  • Costs in criminal cases
  • Sentencing procedure
  • Discretion in awarding costs
  • Appeals against costs orders
  • Criminal-costs
  • Sentencing-procedure
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Criminal law [2010] JRC 106

Metzner -v- AG

Metzner -v- AG [2010] JRC 106 (07 June 2010)

The Royal Court dismissed a petition of doléance seeking costs after a criminal discharge, holding the applicant’s silence and non-disclosure misled the prosecution.

  • Costs in criminal cases
  • Right of silence
  • DolĂ©ance remedy
  • Discretionary judicial decisions
  • Criminal-costs
  • Right-of-silence
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Criminal law [2009] JRC 222

AG -v- Metzner

AG -v- Metzner [2009] JRC 222 (24 November 2009)

The Royal Court considered costs after a prosecution for importing a medicinal product was abandoned. Costs were limited to the period conceded by the Crown.

  • Costs in criminal cases
  • Abandonment of prosecution
  • Absolute offences
  • Mens rea
  • Costs-in-criminal-cases
  • Abandoned-prosecution
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Criminal law [2009] JRC 132

AG -v- Homer

AG -v- Homer [2009] JRC 132 (26 June 2009)

Following Homer’s acquittal, the Royal Court held there were no positive reasons to refuse a costs order and directed defence costs be paid from public funds.

  • Costs in criminal cases
  • Court discretion
  • Acquittal
  • Criminal-costs
  • Post-acquittal-costs
  • Court-discretion
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Criminal law [2009] JRC 122

AG -v- Self

AG -v- Self [2009] JRC 122 (09 June 2009)

The court dismissed a pre-trial request to release bail surety for legal fees and refused costs for withdrawn counts, holding such costs issues should be raised at the end of proceedings.

  • Costs in criminal cases
  • Bail surety
  • Withdrawal of indictment counts
  • Criminal-costs
  • Bail-surety
  • Pre-trial-applications
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