Jersey Unreported Judgments

2000/106

3 pages

ROYAL COURT

(Samedi Division)

 

16^th June, 2000

 

Before: Sir Philip Bailhache, Bailiff, and

Jurats Quérée and Allo

 

The Attorney General

 

-v-

 

Lee Thomas John Buckley

 

 

1 count of:   driving without due care and attention, contrary to Article 15(1) of the Road Traffic (Jersey) Law, 1956, as amended (count 1);

 

1 count of:   using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (count 2);

 

1 count of:   driving without a licence, contrary to Article 3(1) of the Road Traffic (Jersey) Law, 1956, as amended (count 3);

 

1 count of:   driving a defective motor vehicle, contrary to Article 106(1) of the Motor Vehicles (Construction and Use) (Jersey) Order, 1998 (count 4);

 

5 counts of:  possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:

count 5:   heroin;

count 7:   heroin;

count 8:   cannabis;

count 9:   methadone hydrochloride;

count 10: heroin.

 

2 counts of:  possession of a controlled drug, with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978:

count 6:   heroin;

count 11: heroin.

 

Application for bail, following guilty pleas, to counts 1-5, 8-9, and not guilty pleas to counts 6, 7, 10 and 11 and remand in custody for Inferior Number trial on 30^th October, 2000, on not guilty pleas and thereafter for sentence on guilty pleas.

 

Bail allowed in the sum of £5,000 on condition that the accused (1) surrenders his passport; (2) reports to police once a week; (3) resides with his parents; (4) attends Alcohol and Drugs Clinic when required for random testing; (5) does not enter licensed premises.

 

[Applicant also sought leave to give notice, out of time, of alibi evidence, under Article 6(3) of the Criminal Justice (Evidence and Procedure) (Jersey) Law, 1998, which was granted].

 

 

A.R. Binnington, Esq., Crown Advocate;

Advocate R. Juste for the accused.

 

JUDGMENT

 

THE BAILIFF:

 

1.            Miss Juste, we are going to grant your application and the Court wishes to add a few words by way of explanation.  As you have rightly submitted, Article 22 of the 1864 Law on criminal procedure provides that an accused person remanded for trial by the Magistrates' Court should be presented before this Court on indictment on a jour rapproché, that is to say a proximate date.

 

2.            The history of this case is that the accused was committed for trial by the Magistrate on 23^rd December last year and not presented on indictment before this Court until 5^th May.  We have no doubt that that does not comply with the provisions of the law on criminal procedure and we express our concern which we are sure will be shared by the Attorney General at the delay in this case in bringing this accused person to trial.

 

3.            We are going to grant the application - notwithstanding the gravity of the offences alleged against him to which the Crown Advocate has rightly drawn our attention.  We will place the accused on bail of £5,000 and subject to the following conditions: (1) the accused will surrender his passport to the police; (2) he will report once a week to Police Headquarters; (3) he will live at his parents home until the date of the trial; (4) he will attend the Alcohol and Drugs Service and will be subject to random urine testing to be arranged by that Service; and (5) he will not enter any licensed premises.

 

4.            Buckley, as we have said we are going to grant you bail on those conditions.  You will be committed for trial before the Inferior Number on 30^th October and you will be remanded on bail on the above conditions.

 

Authorities

 

Loi (1864) réglant la procédure criminelle.