Durkin v Att. Gen. [2005] JLR 12 (11 January 2005)
- Citation
- [2005] JLR 12
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Trial
More details
- Posture
- Criminal / Trial
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A trial is not necessarily unfair if the defence is made aware of incomplete disclosure and the undisclosed documents are insignificant, provided the Crown supplies a clear list of all undisclosed material.
Court disposition
trial not necessarily unfair
02
Material facts
Parties
Durkin
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Trial
04
Questions and positions
Legal issues
- 01
Whether incomplete disclosure by the Crown renders the trial unfair
- 02
Obligation of the Crown to provide a clear list of undisclosed material
Party arguments
- Applicant
- The defence contended that incomplete disclosure by the Crown could render the trial unfair.
- Respondent
- The Crown argued that the trial is not necessarily unfair if the defence is made aware of incomplete disclosure and the undisclosed documents are insignificant.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2005] JLR 12
The Crown must provide the defence with a clear list of all undisclosed material.
06
Ratio, limits and disposition
Ratio decidendi
A trial is not necessarily unfair if the defence is made aware of incomplete disclosure and the undisclosed documents are insignificant, provided the Crown supplies a clear list of all undisclosed material.
Court disposition
trial not necessarily unfair
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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