Capuano v Att. Gen. [2014] 2 JLR 95 (30 July 2014)

Capuano v Att. Gen. [2014] 2 JLR 95 (30 July 2014)

The determination of apparent bias depends on the facts of the individual case; the Bailiff is not required to publicly direct himself to disregard previous convictions, but the appearance of bias may be difficult to avoid if the Bailiff has intimate knowledge of the defendant's background.

Citation
[2014] 2 JLR 95
Parties
Defendant: Capuano; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
30 July 2014
Procedural Posture
Criminal Appeal / Judgment
Outcome
guidance on apparent bias
Legal Topics
Fair Trial, Apparent Bias, Judicial Impartiality
Criminal Law Judicial Procedure Fair Trial Apparent Bias Judicial Impartiality

Case Brief

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Parties

Capuano

Defendant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a fair-minded and informed observer would conclude there was a real possibility of bias arising from the Bailiff's knowledge of the defendant's previous convictions when exercising a casting vote under Royal Court (Jersey) Law 1948, art. 15(4)

Ratio Decidendi

The determination of apparent bias depends on the facts of the individual case; the Bailiff is not required to publicly direct himself to disregard previous convictions, but the appearance of bias may be difficult to avoid if the Bailiff has intimate knowledge of the defendant's background.

Court Disposition

guidance on apparent bias