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Jersey Unreported Judgments |
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You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/252 - AG v Cairns [1998] UR 252 (11 December 1998) URL: http://www.bailii.org/je/cases/UR/1998/252.html Cite as: [1998] UR 252 |
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ROYAL COURT
(Samedi Division)
11 December 1998
Before: F C Hamon, Esq Deputy Bailiff and
Jurats Potter and de Veulle
AG
-v-
Thomas Gerald Owens Cairns
Application for bail, following guilty plea on the 4 December 1998 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 ):
(On the 4 December 1998, the Court refused bail and remanded the accused in custody for sentencing on 15 January 1999]
Application granted
Matthews Esq Crown Advocate
Advocate P C Harris for the accused
JUDGMENT
THE DEPUTY BAILIFF: Last week a similar bail application was made and we cited the case of Hanley (1st October, 1993,) Jersey Unreported, and the principles which guide us in applications of this nature. We said then 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.
Mr Harris comes back with a further letter from Jersey Computer Centre, which says, amongst other things, this:
"I believe the Court may not have fully understood the impact that his removal at this time would have on the Jersey Computer Centre, we are a small company of only five full time workers, including Thomas Cairns, and are currently experiencing our busiest trading period for 6 years. The absence of some 20% of the work force has resulted in considerable lost revenue to the Company on Friday the 4th, Saturday the 5th, and Monday the 7th December. This will doubtless continue during our busiest trading period through December, and a most trying support period following the Christmas break. There was insufficient time to advertise for, interview and then train, an alternative employee during this period."
Coupled with that it is stated in the letter that it was not known to the company when Cairns commenced his employment in October that he was due to appear in the Royal Court in the 4th December. What we are being asked to do is to grant bail, not for the benefit of the applicant, but for the benefit of this small company, and we found the decision a very difficult one.
Weighing it in the balance we are well aware - and Cairns must be well aware- that he faces what could be a long prison sentence for the crimes that he has committed. We are in the rare circumstances of this case minded to grant bail, and we are going to grant bail but a surety of £3,000 must be put up by the company and Cairns is not to leave the Island during that time, and he must report to the Police once a week at their convenience. He will appear for sentencing on the 15th January at 10.00am.
Authorities
A.G -v- Hanley (1st October, 1993) Jersey Unreported
A.G -v- Thomas (8th March, 1996) Jersey Unreported
A.G -v- Broadhurst (29th October, 1995) Jersey Unreported
Wood -v- A.G (1994) JLR N.15
A.G -v- Wakeling ( 1996 ) JLR N.18
A.G -v- Roberts, Gleeson (23rd November, 1992) Jersey Unreported.
