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

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

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.

Citation
[2006] JLR 407
Parties
Applicant: Barette; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
12 September 2006
Procedural Posture
Criminal / Appeal
Outcome
not specified
Legal Topics
Fair Trial, Apparent Bias, Jury Bias, Criminal Procedure
Criminal Law Procedure Fair Trial Apparent Bias Jury Bias Criminal Procedure

Case Brief

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Parties

Barette

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether the presence of an apparently biased juror renders a trial unfair
  2. 2 What is the correct test for apparent bias in a criminal trial

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.

Court Disposition

not specified