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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/210 - AG v Nafkha [1999] UR 210 (10 December 1999)
URL: http://www.bailii.org/je/cases/UR/1999/210.html
Cite as: [1999] UR 210
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ROYAL COURT
(Samedi Division)
10 December 1999
Before: F C Hamon, Deputy Bailiff, and
Jurats Potter and Allo
AG
V
Mohammed Nafkha
Application for bail, following a not guilty plea entered after indictment on:
1 count of grave and criminal assault.
Application refused
The Solicitor General
Advocate R Tremoceiro for the accused.
JUDGMENT
THE DEPUTY BAILIFF: In this application for bail we can have regard to the seriousness of the offence under the Makarios (1979) JJ 85 decision. What we said on 13 September 1999 [1999.152] when this matter came before us on an application for bail before indictment was this:
"The Magistrate has cited in this bail application the principle set out in AG v Makarios (1979) JJ 85, that it is the seriousness of the offence that matters. That, in our view, would have been entirely sufficient. Nafkha apparently struck his victim on the head with a broken glass and the victim has required 30 stitches. Part of his ear has been severed and there is an uncertain prognosis. There may be, according to the Acting Attorney General, incipient gangrene."
We have also today read the reports of Dr Lim and Dr McMath Taylor which leaves us in no doubt that this was a serious offence which, if proven, will merit a substantial term of imprisonment on the Norris principle. We cannot see that the defence of self-defence on what we have heard is so certain of success that we would move in the applicant’s favour and accordingly bail is refused.
Authorities
A.G. -v- Norris (3rd June, 1992) Jersey Unreported.
A.G. -v- Makarios (1979) JJ 85.
A.G. -v- Nafkha & Ors (16th November, 1978) Jersey Unreported.
A.G. -v- Nafkha (13th September, 1999) Jersey Unreported.
A.G. -v- Heuzé (7th October, 1994) Jersey Unreported.