Durkin v Att. Gen. [2005] JLR 12 (11 January 2005)

Durkin v Att. Gen. [2005] JLR 12 (11 January 2005)

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.

Citation
[2005] JLR 12
Parties
Applicant: Durkin; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
11 January 2005
Procedural Posture
Criminal / Trial
Outcome
trial not necessarily unfair
Legal Topics
Disclosure, Fair Trial
Criminal Procedure Disclosure Fair Trial

Case Brief

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Parties

Durkin

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 Whether incomplete disclosure by the Crown renders the trial unfair
  2. 2 Obligation of the Crown to provide a clear list of undisclosed material

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