Marquer -v- AG [2017] JRC 002 (05 January 2017)

Marquer -v- AG [2017] JRC 002 (05 January 2017)

The appeal was dismissed because the Assistant Magistrate's findings were not against the weight of evidence, the defence evidence was properly considered, and although there was a serious breach of disclosure obligations by the prosecution, the undisclosed material would not have assisted the defence as actually run at trial and did not affect the fairness of the proceedings.

Citation
[2017] JRC 002
Parties
Appellant: Appellant (unnamed); Respondent: Crown (Prosecution)
Jurisdiction
Jersey
Judgment Date
05 January 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Disclosure Obligations, Dangerous Driving, Failure to Stop, Failure to Provide Driver Information, Evidential Weight, Alibi Evidence, Appeal Grounds
Criminal Law Disclosure Obligations Dangerous Driving Failure to Stop Failure to Provide Driver Information Evidential Weight Alibi Evidence Appeal Grounds

Case Brief

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Parties

Appellant (unnamed)

Appellant

Crown (Prosecution)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the Assistant Magistrate failed to properly treat alibi evidence
  2. 2 Whether the prosecution failed in its disclosure obligations and if so, whether this rendered the conviction unsafe

Ratio Decidendi

The appeal was dismissed because the Assistant Magistrate's findings were not against the weight of evidence, the defence evidence was properly considered, and although there was a serious breach of disclosure obligations by the prosecution, the undisclosed material would not have assisted the defence as actually run at trial and did not affect the fairness of the proceedings.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No retrial ordered