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Jersey Unreported Judgments


You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/225 - AG v McMinn [1999] UR 225 (22 December 1999)
URL: http://www.bailii.org/je/cases/UR/1999/225.html
Cite as: [1999] UR 225

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ROYAL COURT

(Samedi Division)

22 December 1999

Before: F C Hamon, Deputy Bailiff and

Jurats Quérée, and Le Breton

 

AG

v

Harold John McMinn

 

 

Application for admission to Bail following not guilty pleas entered on 17 December 1999 before the Inferior Number of the Royal Court to the following counts:

FIRST INDICTMENT:

1 Count of possession with intent to supply a controlled drug contrary to Article 6(1) of the Misuse or Drugs (Jersey) Law 1978:

Count 1: MDMA.

(the Applicant pleaded guilty to 2 counts of possession of a controlled drug (count 2: MDMA, count 3: cannabis resin) contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978].

SECOND INDICTMENT:

1 count of receiving, hiding, and withholding stolen property.

The applicant was remanded in custody on 17 December 1999 to take his trial before the Inferior Number on the First Indictment on 27 January 2000, and at a Criminal Assize on the Second Indictment on 8 May 2000, on the counts to which he had pleaded not guilty, and thereafter to receive sentence on the counts to which he had pleaded guilty.

Application refused

 

C E Whelan, Crown Advocate

Advocate C M Fogarty for the accused

JUDGMENT

THE DEPUTY BAILIFF: We have, of course, considered most carefully the references that have been supplied to us, and the arguments put forward by Advocate Fogarty and by the applicant himself.

There are going to be two trials. In January the charge of possession with intent to supply will be heard before the Inferior Number. In May an Assize trial will take place on the charge of receiving a valuable bracelet. The 96 ecstasy tablets were found as a result of a search being carried out for the bracelet.

As we have heard, the personal affairs of the applicant are extremely difficult, but the lack of a compelling connection with the Island as set out for us by the Crown Advocate, and, above all (applying Makarios (1979) JJ85) the seriousness of the offence, and his record of dishonesty, lead us to the conclusion that a bail application cannot succeed, and in fact cannot be considered until at least the drug trial has been adjudicated upon. Accordingly the application is refused.

Authorities

Makarios (1979) JJ85


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URL: http://www.bailii.org/je/cases/UR/1999/225.html