Capuano v Att. Gen. [2014] 2 JLR 95 (30 July 2014)
- Citation
- [2014] 2 JLR 95
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
More details
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Capuano
DefendantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
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)
Party arguments
- Applicant
- The Bailiff's knowledge of the defendant's previous convictions creates an appearance of bias, undermining the fairness of the trial.
- Respondent
- The Bailiff is capable of disregarding irrelevant and inadmissible material, and is not required to publicly direct himself to disregard the defendant's previous convictions.
05
Court’s reasoning
Legal principles
- 01
Royal Court (Jersey) Law 1948, art. 15(4)
The test for apparent bias is whether a fair-minded and informed observer would conclude there was a real possibility of bias.
- 02
Case law and judicial practice
The observer must consider all relevant facts, including the Bailiff's ability to disregard irrelevant and inadmissible material.
06
Ratio, limits and disposition
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.
Obiter and limits
- It may be difficult to avoid the appearance of bias if the Bailiff has intimate knowledge of the defendant's background.
Court disposition
guidance on apparent bias
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Capuano v Att. Gen. [2014] 2 JLR 95 (30 July 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142095.html Cite as: [2014] 2 JLR 95 [ New search ] [ Help ] Capuano v Att. Gen. 2014 (2) JLR 95 (30 July 2014) Criminal Procedure-fair trial-bias-apparent bias-whether fair-minded and informed observer would conclude real possibility of bias arising from Bailiff's knowledge of defendant's previous convictions when exercising casting vote under Royal Court (Jersey) Law 1948, art. 15(4) depends on facts of individual case-observer to consider all relevant facts, including Bailiff's ability to disregard irrelevant and inadmissible material-Bailiff not required publicly to direct himself to disregard defendant's previous convictions-may be difficult to avoid appearance of bias if, for example, Bailiff has intimate knowledge of defendant's background 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: 2014 (2) JLR 95 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142095.html
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