Jersey Judgment

Att. Gen. v McLean [1979] JLR 93 (30 March 1979)

Criminal Law Conspiracy Joinder of Charges Jury Prejudice

Citation: [1979] JLR 93
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Pre Trial

More details

Posture: Criminal / Pre Trial

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The court must require the Crown to justify the joinder of counts of conspiracy and the full offence, or elect to proceed on only one; failure to sever may prejudice the jury.

Court disposition

Guidance issued

Material facts

Parties

Attorney General

Applicant

McLean

Respondent

Procedural history

Posture

Criminal / Pre Trial

Questions and positions

Legal issues

01
Whether counts of conspiracy and the full offence can be joined in the same indictment
02
Whether the Crown must justify joinder of such counts

Party arguments

Applicant: The Crown may join counts of conspiracy and the full offence if justified in the interests of justice.
Respondent: Failure to sever counts of conspiracy and the full offence may prejudice the jury.

Court’s reasoning

Legal principles

01
Att. Gen. v McLean [1979] JLR 93

The court should require the Crown to justify the joinder of counts of conspiracy and the full offence, or elect to proceed on only one.

Ratio, limits and disposition

Ratio decidendi

The court must require the Crown to justify the joinder of counts of conspiracy and the full offence, or elect to proceed on only one; failure to sever may prejudice the jury.

Court disposition

Guidance issued

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.

Source document

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[1979] JLR 93

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

DONATE ] Jersey Law Reports You are here:

BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v McLean [1979] JLR 93 (30 March 1979) URL: https://www.bailii.org/je/cases/JLR/1979/JLR790093.html Cite as: [1979] JLR 93 [ New search ] [ Help ] Att. Gen. v McLean 1979 JLR 93 (30 March 1979) Criminal Law-conspiracy-joinder of charge with full offence-court to require Crown to justify joinder of counts of conspiracy and full offence, e.g. required in interests of justice, or elect to proceed on only one-failure to sever may prejudice jury 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: 1979 JLR 93 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1979/JLR790093.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Att. Gen. v McLean [1979] JLR 93

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.