Att. Gen. v Edmond-O'Brien [2006] JLR 133 (22 March 2006)
- Citation
- [2006] JLR 133
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Court of Appeal
More details
- Posture
- Criminal Appeal / Court of Appeal
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal cannot substitute its own assessment of witness credibility for that of the Jurats when reviewing a conviction on the written record; such matters are for the Jurats alone.
Court disposition
appeal dismissed
02
Material facts
Parties
Attorney General
AppellantEdmond-O'Brien
Respondent03
Procedural history
Posture
Criminal Appeal / Court of Appeal
04
Questions and positions
Legal issues
Whether the Court of Appeal has jurisdiction under Court of Appeal (Jersey) Law 1961, art. 26(1) to allow an appeal solely on the ground that the conviction is not supported by the evidence, when this involves reassessing evidence and disagreeing with the Jurats' view on credibility of witnesses based on the written record.
Party arguments
- Applicant
- The conviction is not supported by the evidence and the Court of Appeal should reassess the evidence and credibility of witnesses.
- Respondent
- The Court of Appeal lacks jurisdiction to reassess evidence and credibility, which are matters for the Jurats.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal (Jersey) Law 1961, art. 26(1)
The Court of Appeal does not have jurisdiction under Court of Appeal (Jersey) Law 1961, art. 26(1) to allow an appeal on the sole ground that the conviction is not supported by the evidence if this requires reassessing evidence and disagreeing with the Jurats' view on credibility of witnesses based on the written record.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal cannot substitute its own assessment of witness credibility for that of the Jurats when reviewing a conviction on the written record; such matters are for the Jurats alone.
Court disposition
appeal dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Edmond-O'Brien [2006] JLR 133 (22 March 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060133.html Cite as: [2006] JLR 133 [ New search ] [ Help ] Att. Gen. v Edmond-O'Brien 2006 JLR 133 (22 March 2006) Courts-Court of Appeal-jurisdiction-no jurisdiction under Court of Appeal (Jersey) Law 1961, art. 26(1) to allow appeal on sole ground that conviction not supported by evidence if purports to reassess evidence and disagree with Jurats' view on credibility of witnesses, on basis of written record-Jurats, not Court of Appeal, to assess evidence and determine credibility of witnesses The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2006 JLR 133 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060133.html
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