1998/47 - AG v Mulligan [1998] UR 47 (3 March 1998)

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On 24 November 1997,the applicant with co-accused, Ivor Joseph Devlin, was charged with 2 counts of grave and criminal assault. The applicant was additionally charged with one count of criminally and fraudulently obtaining a meal.

Pleas were reserved and both accused were remanded in custody, without bail option.

Further remands in custody, without bail option, followed on 22 December 1997, and 19 January 1998.

Bail applications were refused on 2, 17 and 18 February, 1998, when not guilty pleas were entered to both counts of grave and criminal assault. The remaining count had previously been dismissed. Both accused were remanded to the Royal Court for trial

On 27 February 1998,the co-accused successfully applied to the Royal Court for a review of the Magistrate decision to refuse him bail.

Application granted, bail allowed in sum of £600, with condition of reporting to Police 3 times a week; the applicant may not leave the island, and must notify any change of address. Passport to be surrendered, no application to be made for a new passport. Applicant not to interfere with witnesses.

THE DEPUTY BAILIFF: In Makarios (1978) JJ 215 it was held that the seriousness of the offence alone, would in normal circumstances have meant that any possibility of bail was out of the question. However, it was put on Friday when the co-accused, Devlin, appeared that it might be a year from the time of arrest to the time of trial and that I believe influenced the Court in those unusual circumstances to grant bail. That may not now be the case and the Court has made its own enquiries on the telephone when it retired and in fact there may be earlier dates; we just do not know. However, I think that to a certain extent Friday has made its mark.

I need to say that the Jurats are not in agreement. One would refuse bail, in any event, and the other would grant bail. Now, I feel that I must move towards what happened on Friday and therefore you will be granted bail. Bail will be set at £600 and that has to be paid before bail is granted. You will report to the police three times a week at their convenience. You are not to leave the island without the Court’s permission. If circumstances should arise that there is a change of address that is to be immediately notified to the police. If you have a passport you are to surrender your passport and obviously you are not to apply for a passport if you do not have one. And, I have to say it again, any attempt to interfere with the witnesses in this case, in any way at all, will mean immediate recall to prison.

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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/47 - AG v Mulligan [1998] UR 47 (3 March 1998) URL: http://www.bailii.org/je/cases/UR/1998/47.html Cite as: [1998] UR 47

Jersey Unreported Judgments