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

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

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.

Citation
[1979] JLR 93
Parties
Applicant: Attorney General; Respondent: McLean
Jurisdiction
Jersey
Judgment Date
30 March 1979
Procedural Posture
Criminal / Pre Trial
Outcome
Guidance issued
Legal Topics
Conspiracy, Joinder of Charges, Jury Prejudice
Criminal Law Conspiracy Joinder of Charges Jury Prejudice

Case Brief

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Parties

Attorney General

Applicant

McLean

Respondent

Procedural Posture

Criminal / Pre Trial

Legal Issues

  1. 1 Whether counts of conspiracy and the full offence can be joined in the same indictment
  2. 2 Whether the Crown must justify joinder of such counts

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