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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/187 - AG v Swanston [1998] UR 187 (11 September 1998)
URL: http://www.bailii.org/je/cases/UR/1998/187.html
Cite as: [1998] UR 187
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ROYAL COURT
(Samedi Division)
11 September 1998
Before: Sir Philip Bailhache, Bailiff, and
Jurats Rumfitt and Le Breton
AG
-v-
William Swanston
In the matter of an application by William Swanston for leave to appeal against his conviction on 9 September 1998, at the Assise Criminelle, following a not guilty plea to 1 count of grave and criminal assault.
The applicant was remanded in custody on 9 September for appearance before the Superior Number for sentencing on 19 October 1998.
Application for release on bail, pending determination of application for leave to appeal against conviction under Article 35 of the Court of Appeal (Jersey) Law, 1961.
Mrs S Sharpe, Crown Advocate
Advocate JD Kelleher for the Applicant
JUDGMENT
THE BAILIFF: This applicant, William Swanston, was convicted by the unanimous verdict of the Jury of a grave and criminal assault on 9 September 1998.
As the Crown Advocate has correctly reminded us, the test which this Court has to apply was well set out by the Deputy Bailiff in In the matter of Robert John Young (26 August 1998) Jersey Unreported. There, the Deputy Bailiff said this:
"In deciding whether or not to grant bail, this Court must ask itself the question - asked in R -v- Watton (1978) 68 Cr.App.R. 293 - in the way that it did in the case of AG -v- Mallett (1st March, 1991) Jersey Unreported; (1991) JLR N.7: ‘The true question is: are there exceptional circumstances which would drive the Court to the conclusion that justice can only be done by the granting of bail’?"
Mr Kelleher, for the applicant, has said everything which could possibly be said on the applicants behalf. The conclusion of the Court is, however, that no such exceptional circumstances exist in this case. The application is accordingly refused.
Authorities
In the matter of Robert John Young (26 August 1998) Jersey Unreported
AG -v- Mallett (1 March 1991) Jersey Unreported; (1991) JLR N.7
R -v- Watton [1979] 68 Cr.App.R. 293
R -v- Howeston & Hardy [1936] 25 Cr.App.R. 167
Tromans -v- AG (21st October, 1997) Jersey Unreported
R -v- Cooper [1969] 1 QB 267
McGuffie -v- AG (1968) JJ 955 CofA
Miller -v- Minister of Pensions [1947] 2 All ER 372