Jersey Judgment

Att. Gen v Gorvel [1973] JJ 2503 (11 October 1973)

Criminal Law Criminal Procedure Fresh Evidence on Appeal Admissibility of Evidence

Citation: [1973] JJ 2503
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Appeal

More details

Posture: Criminal Appeal / Appeal

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Holding and result

Fresh evidence may be admitted on appeal if it was not available at trial, is relevant, credible, and could have raised reasonable doubt in the jury's mind.

Material facts

Parties

Attorney General

Applicant

Gorvel

Respondent

Procedural history

Posture

Criminal Appeal / Appeal

Questions and positions

Legal issues

Whether fresh evidence should be admitted on appeal

Party arguments

Applicant: Fresh evidence should be admitted if it meets certain criteria.
Respondent: Fresh evidence should not be admitted unless it satisfies strict requirements.

Court’s reasoning

Legal principles

01
Att. Gen v Gorvel [1973] JJ 2503

Fresh evidence is admissible on appeal if (a) it was not available at trial; (b) it is relevant to the issues; (c) it is well capable of belief; (d) it might have raised a reasonable doubt in the minds of the jury if given with other evidence at trial.

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Ratio decidendi

Fresh evidence may be admitted on appeal if it was not available at trial, is relevant, credible, and could have raised reasonable doubt in the jury's mind.

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Judgment

[1973] JJ 2503

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen v Gorvel [1973] JJ 2503 (11 October 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732503.html Cite as: [1973] JJ 2503 [ New search ] [ Help ] Att. Gen v Gorvel 1973 J. J. 2503 (11 October 1973) Criminal Procedure-appeals-fresh evidence-admissible if (a) not available at trial; (b) relevant to issues; (c) well capable of belief; (d) might have raised reasonable doubt in minds of jury if given with other evidence at trial 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: 1973 J. J. 2503 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732503.html

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Att. Gen v Gorvel [1973] JJ 2503

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