Att. Gen. v Aubin [2009] JLR 340 (26 February 2009)

Att. Gen. v Aubin [2009] JLR 340 (26 February 2009)

A fair trial was possible despite prior inaccurate and sensationalist media reporting, as the inaccuracies had been corrected, the defendants were not linked to the reports, and jurors could be trusted to follow judicial directions to ignore media coverage.

Citation
[2009] JLR 340
Parties
Applicant: Attorney General; Respondent: Aubin
Jurisdiction
Jersey
Judgment Date
26 February 2009
Procedural Posture
Criminal / Application for Stay of Proceedings
Outcome
application for stay of proceedings dismissed
Legal Topics
Stay of Proceedings, Abuse of Process, Fair Trial, Media Influence
Criminal Law Criminal Procedure Stay of Proceedings Abuse of Process Fair Trial Media Influence

Case Brief

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Parties

Attorney General

Applicant

Aubin

Respondent

Procedural Posture

Criminal / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings should be stayed for abuse of process due to media reporting affecting the possibility of a fair trial

Ratio Decidendi

A fair trial was possible despite prior inaccurate and sensationalist media reporting, as the inaccuracies had been corrected, the defendants were not linked to the reports, and jurors could be trusted to follow judicial directions to ignore media coverage.

Court Disposition

application for stay of proceedings dismissed