ROYAL COURT
(Samedi Division)
18 December 1998
Before: Sir Peter Crill, KBE Commissioner
and Jurats Myles and Tibbo
AG
-v-
Patrick Noel Gormley
Application for release on bail, following a guilty plea, entered on 4 December 1998, to 1 count of grave and criminal assault, when the applicant was remanded in custody for sentencing by the Superior Number of the Royal Court on 20 January 1999.
Bail granted in sum of £10,000 until 4 January 1999, on conditions.
The Solicitor General
Advocate R G Morris for the accused
Judgment
THE COMMISSIONER: It is quite true that in AG -v- Hanley (1993) JLR N.7, a case over which I presided, the Court said this:
"Bail should only be granted following a plea of guilty to a serious offence in rare and exceptional circumstances."
What the Court had to decide was whether the circumstances advanced by your counsel were in fact within the limits laid down in that case.
There were three matters as I understand it, one that your son will be coming to Jersey and you have not seen him for nine years. Secondly, that Mrs Gormley appears - if not to have forgiven you at least to have kept in touch. Thirdly, certain conditions of bail. Fourthly, that you will be out of the Island.
It is really only the fact of the sons coming to Jersey unexpectedly entitles that the Court to say that it is a rare and exceptional circumstance and had it not been for the son coming over we could have found nothing in the other three matters advanced by counsel which would have entitled us to release you.
Under the circumstances we are going to grant you bail from today until 9.00 am on 4 January 1999. You will reside with Mr and Mrs Wilkinson for the period of your probation and you will remain inside the house from 9 pm to 7 am. You will surrender your passport and report twice daily to the police. Further you will be released on the payment of £10,000 bail.
Authorities
A.G. -v- Hanley (1993) JLR N.7