Jersey Judgment

AG v Warn 04-Nov-2020 [2020] JRC 232B (04 November 2020)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

No direction for an alternative verdict of manslaughter is given because there is no evidence linking the defendant's act to the death of the deceased, and such a direction would encourage speculation.

Court disposition

No direction for alternative verdict of manslaughter given

02

Material facts

Parties

Crown

Prosecution

Defendant

Defendant Counsel: Advocate Thomas

03

Procedural history

  1. Posture

    Criminal / Jury Direction

04

Questions and positions

Legal issues

Whether a direction for an alternative verdict of manslaughter should be given to the jury

Party arguments

Applicant
Advocate Thomas submitted that there is no evidence from which the jury could properly identify an act committed by the defendant which led to the death of the deceased.
Respondent
Neither counsel requested a direction for an alternative verdict of manslaughter.

05

Court’s reasoning

  1. 01

    Judicial reasoning

    A direction should not be given to the jury where there is no evidence to support the alternative verdict.

06

Ratio, limits and disposition

Ratio decidendi

No direction for an alternative verdict of manslaughter is given because there is no evidence linking the defendant's act to the death of the deceased, and such a direction would encourage speculation.

Obiter and limits

  • The lack of request from both counsel is a factor but not conclusive in the decision.

Court disposition

No direction for alternative verdict of manslaughter given

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2020] JRC 232B

JUDGMENT THE COMMISSIONER: 1. Shortly before we closed yesterday there was the opportunity to consider the possibility of a direction to the jury about alternative verdicts and I indicated that I would inform counsel of my decision as soon as possible.

2. The Judicial Secretary informed the Crown and defence of my decision last night and I am really just confirming now for the record that I accepted the submissions of Advocate Thomas that there is no evidence from which the jury could properly identify an act committed by the defendant which led to the death of the deceased. For that reason I could not identify the shape of the direction which I wold give to the jury in that respect, and so I am not going to include a direction for an alternative verdict of manslaughter as had been canvassed.

3. I should add that I am also influenced in reaching that conclusion by the fact that neither counsel wants me to give such a direction to the jury; and that is not conclusive which I recognise, but of course it is a factor in the way I have approached it. Ultimately the reason is that such a direction would encourage the jury to speculate. No Authorities Page Last Updated: 15 Dec 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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