Jersey Unreported Judgments

Bail application

[2024]JRC005

Royal Court

(Samedi)

5 January 2024

The Attorney General

-v-

Gabrielle Lilian Linstead

Ms L. B. Hallam, Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

EX TEMPORE JUDGMENT

THE DEPUTY BAILIFF:

1.        This was a savage and sustained attack on your victim which undoubtedly would have had a significance consequence on her, and you have pleaded guilty at the eleventh hour to a serious offence which in usual circumstances would result, and in this case may result, in a substantial custodial sentence.  In those circumstances the policy of the courts is to remand a defendant who has been convicted in custody unless there are exceptional circumstances which pertain.

2.        Having regard to the contents of the material we have seen from Silkworth Lodge and the evidence we have heard today, we are just persuaded that there are exceptional circumstances which warrant you continuing to enjoy bail pending sentence.  You need to understand that does not mean that you can read into this decision what the Court's likely sentence in due course will be as all options will remain open including immediate custody, do you understand?

3.        We are going to remand you on bail on your existing bail conditions save that you are now required to reside, which means reside and sleep, at Silkworth Lodge.  The other conditions remain the same.  I am not going to read them out but I remind you and your advocate that you cannot move address without obtaining the prior written consent of the Attorney General - so you would require that consent were you to move to West Park Avenue in due course.

4.        We also add a further condition, namely a curfew from 9:30pm to 7am which will take effect in any event but will be of most relevance if you were to leave Silkworth Lodge and/or move in due course to West Park Avenue.

5.        The only reason we have granted you bail and found exceptional circumstances is because of the treatment program you are undergoing at Silkworth Lodge and if that program or indeed the secondary program which will begin four weeks' time were to come to an end then the question of continuation of your bail would be reviewed.

6.        We are adjourning your case for sentence until 5 April before the Inferior Number and we direct that Silkworth Lodge and/or Advocate Bell must notify the Attorney General immediately if you were to leave the primary or secondary treatment programs prior to 5 April and, in those circumstances we direct the Attorney General to relist this case for the question of bail to be reviewed within 7 days. 

7.        I am sure you understand from what the Court has just ruled and directed that were the treatment program to break down at Silkworth Lodge, that is the primary or secondary program, before 5 April then the likelihood is that you would be remanded in custody.  Do you understand?

8.        We order a psychological report from Dr Katherine Boucher and a report from the Probation Service. 

No Authorities