Jersey Judgment

Barette v Att. Gen. [2006] JLR 407 (12 September 2006)

Criminal Law Procedure Fair Trial Apparent Bias Jury Bias Criminal Procedure

Citation: [2006] JLR 407
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Appeal

More details

Posture: Criminal / Appeal

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Professional case brief

Research organized from the available case record

Source document

Holding and result

A trial is rendered unfair if there is a real possibility of bias in even one juror, as assessed by a fair-minded and impartial observer considering all the facts.

Court disposition

not specified

Material facts

Parties

Barette

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Appeal

Questions and positions

Legal issues

01
Whether the presence of an apparently biased juror renders a trial unfair
02
What is the correct test for apparent bias in a criminal trial

Party arguments

Applicant: The presence of an apparently biased juror undermined the fairness of the trial.
Respondent: The evidence of bias must be assessed realistically and commonsensically, and procedural safeguards exist.

Court’s reasoning

Legal principles

01
[2006] JLR 407

A fair-minded and impartial observer, having considered the facts, must conclude there is a real possibility of bias for apparent bias to be established.
02
[2006] JLR 407

A trial is unfair if even one juror is apparently biased.
03
[2006] JLR 407

Evidence of jury deliberations is inadmissible and jurors are not to be cross-examined.

Ratio, limits and disposition

Ratio decidendi

A trial is rendered unfair if there is a real possibility of bias in even one juror, as assessed by a fair-minded and impartial observer considering all the facts.

Obiter and limits

Evidence of jury deliberations is inadmissible.
Jurors are not to be cross-examined regarding bias.

Court disposition

not specified

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2006] JLR 407

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BAILII >> Databases >> Jersey Law Reports >> Barette v Att. Gen. [2006] JLR 407 (12 September 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060407.html Cite as: [2006] JLR 407 [ New search ] [ Help ] Barette v Att. Gen. 2006 JLR 407 (12 September 2006) Criminal Procedure-fair trial-bias-apparent bias-test-whether fair- minded and impartial observer, having considered facts, would conclude real possibility of bias-trial unfair if only one juror apparently biased-evidence to be assessed in realistic and commonsensical way but juror not to be cross-examined and evidence of jury deliberations inadmissible 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: 2006 JLR 407 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060407.html

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