B v His Excellency the Lieutenant Governor [2024] JRC 031 (31 January 2024)

B v His Excellency the Lieutenant Governor [2024] JRC 031 (31 January 2024)

The application for judicial review and leave to appeal was refused because the Applicant's arguments regarding disclosure and evidence handling did not demonstrate a real prospect of success on appeal, there was no evidence of material prejudice, and the Applicant could not change his trial position post-conviction.

Citation
[2024] JRC 031
Parties
Applicant: B; Respondent: His Excellency the Lieutenant Governor
Jurisdiction
Jersey
Judgment Date
31 January 2024
Procedural Posture
Judicial Review / Application for Leave to Appeal Refusal of Judicial Review
Outcome
Application for judicial review and leave to appeal refused
Legal Topics
Disclosure Obligations, Appeal Procedure, Evidence Handling, Police Investigation Standards
Criminal Law Judicial Review Disclosure Obligations Appeal Procedure Evidence Handling Police Investigation Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

B

Applicant

His Excellency the Lieutenant Governor

Respondent

Procedural Posture

Judicial Review / Application for Leave to Appeal Refusal of Judicial Review

Legal Issues

  1. 1 Whether the Respondent's refusal to refer the case to the Court of Appeal was irrational
  2. 2 Whether police failures in disclosure and phone evidence handling undermined the conviction
  3. 3 Whether new arguments regarding evidence could be raised on appeal

Ratio Decidendi

The application for judicial review and leave to appeal was refused because the Applicant's arguments regarding disclosure and evidence handling did not demonstrate a real prospect of success on appeal, there was no evidence of material prejudice, and the Applicant could not change his trial position post-conviction.

Court Disposition

Application for judicial review and leave to appeal refused