AG -v- Y [2010] JRC 097A (25 May 2010)

AG -v- Y [2010] JRC 097A (25 May 2010)

The fair minded and informed observer would not conclude there was a real possibility of bias based on the facts presented; the application for recusal is refused.

Citation
[2010] JRC 097A
Parties
Defendant: Defendant; Judge: Commissioner; Crown Advocate: Crown Advocate Baker
Jurisdiction
Jersey
Judgment Date
25 May 2010
Procedural Posture
Criminal / Pre Trial Recusal Application
Outcome
application refused
Legal Topics
Judicial Recusal, Apparent Bias, Sexual Offences
Criminal Law Judicial Ethics Judicial Recusal Apparent Bias Sexual Offences

Case Brief

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Parties

Defendant

Defendant

Commissioner

Judge

Crown Advocate Baker

Crown Advocate

Procedural Posture

Criminal / Pre Trial Recusal Application

Legal Issues

  1. 1 Whether the judge should recuse himself due to alleged prior knowledge of sexual abuse by the defendant's father
  2. 2 Whether a fair minded and informed observer would conclude there is a real possibility of bias

Ratio Decidendi

The fair minded and informed observer would not conclude there was a real possibility of bias based on the facts presented; the application for recusal is refused.

Court Disposition

application refused

Orders

  • The application for recusal is refused.