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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/246 - AG v Cairns [1998] UR 246 (4 December 1998) URL: http://www.bailii.org/je/cases/UR/1998/246.html Cite as: [1998] UR 246 |
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ROYAL COURT
(Samedi Division)
4 December 1998
Before: F C Hamon Esq., Deputy Bailiff, and
Jurats Myles and Rumfitt
AG
-v-
Thomas Gerald Owens Cairns
Application for bail, following guilty plea to:
5 counts of larceny as a servant (counts 1,2,3,4,5);
1 count of obtaining money by false pretences (count 6);
1 count of attempting to obtain money by false pretences (count 7).
Application refused; remanded in custody for sentencing on 15 January 1999.
A R Binnington, Esq., Crown Advocate
Advocate P C Harris for the accused
JUDGMENT
THE DEPUTY BAILIFF: Mr Binnington has reminded us that the principles in this jurisdiction and in England are very similar. In the case of AG -v- Hanley (1 October 1993) Jersey Unreported the Bailiff said this:
"The principle in granting bail after an accused has pleaded guilty to a serious offence is that it is only in exceptional and rare circumstances that this Court will grant bail. That principle is well established both in this jurisdiction and in England."
We have also looked at the case of R -v- Barrick (1985) 7 Cr.App.R.(S) 142: CSP R36: June, 1998: B6-12002, which has been cited often in these Courts and it is clear that this case could lead to a substantial sentence.
The way that Cairns surrendered to bail and his conduct thereafter will, no doubt, go very much to his credit but we have had great difficulty in finding exceptional and rare circumstances in this case; they lie only in the letter from his present employers who have written a powerful letter on his behalf. However, we cannot - although we have spent time discussing it - see that there is anything in that letter which allows us to make an exception to a well-established rule and therefore, Cairns, you must be remanded in custody until sentencing on 15 January 1999.
Authorities
AG -v- Hanley (1 October 1993) Jersey Unreported
R -v- Barrick (1985) 7 Cr.App.R.(S) 142: CSP R.36: June, 1998: B6-12002
