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Jersey Case Law

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Criminal law [2024] JRC 249

AG v Hodgson

AG v Hodgson [2024] JRC 249 (15 November 2024)

After a guilty plea for possession with intent to supply cannabis, the court imposed 14 months’ imprisonment, reducing the sentence for delay in the prosecution.

  • Drug offences
  • Sentencing
  • Possession with intent to supply
  • Mitigation
  • Delay in prosecution
  • Drug-offences
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Criminal law [2019] JRC 079

AG v King

AG v King [2019] JRC 079 (06 May 2019)

The Jersey Royal Court sentenced the defendant to 6 years for fraudulent conversion of £740,286, rejecting further mitigation for health and delay.

  • Fraudulent conversion
  • Breach of trust
  • Sentencing
  • Mitigation
  • Delay in prosecution
  • Corporate disqualification
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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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Civil procedure [2015] JRC 118

Mayhew Ltd and Holmes -v- Bois Bois and Young

Mayhew Ltd and Holmes -v- Bois Bois and Young [2015] JRC 118 (01 June 2015)

The Royal Court refused to strike out a professional negligence claim for delay, but imposed indemnity costs and pleading amendments as conditions for it to continue.

  • Strike out applications
  • Delay in prosecution
  • Legal professional duty
  • Land transactions
  • Legal aid
  • Strike-out-applications
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Civil procedure [2014] JRC 187

Hong Kong Foods Ltd and Another -v- Robin Hood and Another

Hong Kong Foods Ltd and Another -v- Robin Hood and Another [2014] JRC 187 (29 September 2014)

The Royal Court of Jersey allowed a delayed action to continue despite a breach of procedural rules, but ordered the plaintiffs to pay costs on the standard basis.

  • Strike out for want of prosecution
  • Assignment of lease
  • Delay in prosecution
  • Counterclaim
  • Mediation
  • Costs sanctions
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Civil procedure [2012] JRC 140A

Crill Canavan -v- MacKinnon

Crill Canavan -v- MacKinnon [2012] JRC 140A (23 July 2012)

Appeal against strike-out succeeded: the court reinstated both the claim and counterclaim under Rule 6/26, finding the balance of justice favoured continuation.

  • Striking out proceedings
  • Delay in prosecution
  • Summons for directions
  • Breach of contract
  • Negligence
  • Access to justice
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Criminal law [2011] JRC 003

AG -v- Jordan and Jordan

AG -v- Jordan and Jordan [2011] JRC 003 (06 January 2011)

Sentencing judgment for child cruelty offences in care: both defendants received immediate custody, with delay and later good character treated as limited mitigation.

  • Child cruelty
  • Violence against children
  • Sentencing
  • Mitigation
  • Delay in prosecution
  • Child-cruelty
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Tax law [2010] JRC 216

AG v Da Silva

AG v Da Silva [2010] JRC 216 (26 November 2010)

The court fined a defendant for failing to file tax returns for 2005-2008, but reduced the penalty because tax had been paid through ITIS and there was no community prejudice.

  • Failure to file tax returns
  • Income tax
  • Itis
  • Penalties
  • Delay in prosecution
  • Failure-to-file-tax-returns
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Civil procedure [2008] JRC 065A

Kerschbaumer v Voisin and Co

Kerschbaumer v Voisin and Co [2008] JRC 065A (24 April 2008)

The Royal Court upheld the dismissal of a strike-out application, finding the delay in prosecuting the claim was inordinate but excusable in the circumstances.

  • Strike out applications
  • Delay in prosecution
  • Abuse of process
  • Excusable delay
  • Strike-out-applications
  • Want-of-prosecution
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Family law [2007] JRC 199

B -v- MR

B -v- MR [2007] JRC 199 (22 October 2007)

The Royal Court allowed an appeal against strike-out of a matrimonial financial claim, holding that the husband’s delay was in the circumstances excusable.

  • Delay in prosecution
  • Striking out actions
  • Matrimonial finance
  • Inherent jurisdiction
  • Excusable delay
  • Want-of-prosecution
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