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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/238 - AG v Andrade [1998] UR 238 (27 November 1998)
URL: http://www.bailii.org/je/cases/UR/1998/238.html
Cite as: [1998] UR 238
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ROYAL COURT
(Samedi Division)
27 November 1998
Before: F C Hamon Esq., Deputy Bailiff
and Jurats Le Ruez, Rumfitt
AG
-v-
Joe David Andrade
Application for a review of a refusal of bail in the Magistrates Court on 23 November 1998.
On 16 November 1998 the applicant reserved his pleas to two counts of grave and criminal assault or with having aided, assisted, or participated in the said criminal act, and was refused bail.
On 23 November 1998, the applicant renewed his bail application, which was refused.
Application refused
Mrs S Sharpe, Crown Advocate
Advocate RJ Renouf for the applicant
JUDGMENT
THE DEPUTY BAILIFF: In A.G -v- Skinner (24 June 1994) Jersey Unreported, the Bailiff said this:
"Before this Court can interfere with the refusal by the Magistrate to grant bail, we have to be satisfied that either the Magistrate positively misdirected himself, or the proceedings were irregular, or that he gave a decision that no reasonable Magistrate could properly have given."
We have listened very carefully to the cogent arguments of Mr Renouf, but the Magistrate having heard evidence, said this:
"I am going to refuse your application for bail on the basis that the charges are so serious and the police investigations are continuing,"
If, as Crown Advocate has told us, the two complainants have left the Island in fear, we can quite understand that police investigations are continuing, and in our view, although the plea has been reserved, the facts of the assault are so serious - and particularly on one innocent Portuguese who happened to be in the wrong place at the wrong time - that we can rely happily on the case of Makarios (1978) JJ 215 and in those circumstances we refuse bail.
Authorities
A.G -v- Skinner (24 June 1994) Jersey Unreported
A.G -v- Makarios (1978) JJ 215