Jersey Unreported Judgments

200/115

2 pages

ROYAL COURT

(Samedi Division)

23^rd June, 2000

Before:  Sir Philip Bailhache, Bailiff, and

Jurats Rumfitt and Tibbo

The Attorney General

-v-

Alan Mark O'Reilly

Review of Magistrate's Court refusal of bail

On 19^th June, 2000:      the applicant pleaded Not Guilty to 3 counts of grave and criminal assault and to 1 count of possessing an offensive weapon in a public place without lawful authority or reasonable excuse, contrary to Article 27 of the Firearms (Jersey) Law, 1956, and was remanded in custody without bail option.

P. Matthews, Esq., Crown Advocate;

Advocate F.B. Robertson for the accused.

JUDGMENT

THE BAILIFF:

1.            On an application to review the Magistrate's decision whether or not to grant bail this Court exercises a very limited function.  As has been said on many occasions, we have to be satisfied that either the Magistrate positively misdirected himself, or that the proceedings were irregular, or that he gave a decision at which no reasonable Magistrate could have arrived.

2.            Despite the able submissions of counsel for the applicant, we are unable to find that any of those considerations apply in this case.

3.            Counsel has however raised new matters in the form of evidence of previous good character, in particular from his employer and indicated a willingness on the part of the employer to put up a substantial sum by way of bail.  We have not taken those matters into consideration because they are not matters for us, but they are matters which could be taken into account by the Magistrate given the presumption of innocence, if an application were to be renewed in that Court.  It seems to us that that is the proper procedure to follow, and in the meantime the application must be refused.

Authorities

Representation of Nikos Makarios (1978) JJ 215.

AG -v- Skinner (24^th June, 1994) Jersey Unreported.

AG -v- Comer (25^th January, 1999) Jersey Unreported.

AG -v- Sheridan (26^th March, 1999) Jersey Unreported.

AG -v- Louvel (9^th April, 1999) Jersey Unreported.

AG -v- Munro (18^th June, 1999) Jersey Unreported.

AG -v- McLees (9^th July, 1999) Jersey Unreported.

AG -v- Cabot (28^th January, 2000) Jersey Unreported.