Att. Gen v D'Arcy [1968] JJ 949 (05 August 1968)

A judge need not refer to every piece of evidence in summing-up if the defence is fairly presented, but should direct the jury to consider any evidence that may corroborate an alibi.

Citation: [1968] JJ 949
Parties: Applicant: Attorney General; Respondent: D'Arcy
Jurisdiction: Jersey
Judgment Date: 05 August 1968
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Judge's Summing Up, Direction on Evidence, Alibi, Corroborative Evidence

Criminal Law Criminal Procedure Judge's Summing Up Direction on Evidence Alibi Corroborative Evidence

Case Brief

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Parties

Attorney General

Applicant

D'Arcy

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether a judge is obliged to refer to every piece of evidence in summing-up
2 Whether the judge must direct the jury to consider allegedly corroborative evidence of an alibi

Ratio Decidendi

A judge need not refer to every piece of evidence in summing-up if the defence is fairly presented, but should direct the jury to consider any evidence that may corroborate an alibi.

Court Disposition

appeal dismissed