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Jersey Case Law

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Criminal law [2023] JRC 123

AG v Withe

AG v Withe [2023] JRC 123 (19 July 2023)

After a common assault conviction, the court decided under Article 50 how the defendant should be sentenced, using the Crown case but excluding any reference to a knife.

  • Common assault
  • Grave and criminal assault
  • Domestic violence
  • Sentencing procedure
  • Common-assault
  • Domestic-violence
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Criminal law [2022] JRC 109

AG v Baksa

AG v Baksa [2022] JRC 109 (19 May 2022)

Post-verdict, the court resolved disputed facts for sentencing under Article 50, finding the assault was partly motivated by pregnancy belief and that the complainant was on the floor.

  • Grave and criminal assault
  • Attempting to pervert the course of justice
  • Domestic violence
  • Sentencing procedure
  • Article 50 criminal procedure (jersey) law 2018
  • Sentencing-procedure
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Criminal law [2020] JRC 239

AG v Teixeira 12-Nov-2020

AG v Teixeira 12-Nov-2020 [2020] JRC 239 (12 November 2020)

The Jersey Royal Court held that factual disagreements about how the defendant acquired cocaine were not material to sentence, so the Newton hearing was vacated.

  • Drug offences
  • Sentencing procedure
  • Newton hearing
  • Drug-offences
  • Sentencing-procedure
  • Newton-hearing
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Criminal law [2017] JRC 209A

AG v Frescata

AG v Frescata [2017] JRC 209A (08 December 2017)

After a guilty plea, the court granted bail pending sentencing on strict conditions designed to secure attendance and prevent flight from the Island.

  • Bail conditions
  • Sentencing procedure
  • Bail-conditions
  • Sentencing-procedure
  • Criminal-law
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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 215

AG v X

AG v X [2010] JRC 215 (25 November 2010)

The Jersey Royal Court held that prosecution costs could be adjourned after sentencing and ordered the defendant to pay ÂŁ180,000 in costs.

  • Prosecution costs
  • Sentencing procedure
  • Adjournment of costs applications
  • Prosecution-costs
  • Sentencing-procedure
  • Adjournment
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Criminal law [2007] JRC 217

AG -v- Da Silva

AG -v- Da Silva [2007] JRC 217 (21 November 2007)

The Royal Court of Jersey refused to exclude the defendant’s interview admissions from a Newton Hearing, finding no significant and substantial breach of the police codes.

  • Admissibility of confessions
  • Breach of police codes of practice
  • Sentencing procedure
  • Newton hearing
  • Admissibility-of-confessions
  • Police-codes-of-practice
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Criminal law

Att. Gen. v Carvalho

Att. Gen. v Carvalho [2007] JLR_Note 15 (18 January 2007)

Note on sentencing procedure in a criminal case, addressing when a Newton hearing is appropriate to resolve disputed facts after a guilty plea.

  • Newton hearing
  • Sentencing procedure
  • Criminal-law
  • Sentencing-procedure
  • Newton-hearing
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Criminal law

Ali v Att. Gen.

Ali v Att. Gen. [2005] JLR_Note 11 (24 March 2005)

Note on criminal sentencing procedure concerning whether a Newton hearing was appropriate to resolve factual disputes affecting sentence.

  • Newton hearing
  • Sentencing procedure
  • Newton-hearing
  • Sentencing-procedure
  • Criminal-procedure
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Criminal law [2004] JRC 184

AG v Somerville and Hardman

AG v Somerville and Hardman [2004] JRC 184 (22 October 2004)

The court refused to exclude CCTV footage of an assault at sentencing, holding it was proper to view the recording and rely on it along with other mitigation.

  • Admissibility of evidence
  • Cctv footage
  • Sentencing procedure
  • Criminal-law
  • Sentencing
  • Cctv-evidence
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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.