Ferguson v Att. Gen. [1998] JLR_Note 9a (15 January 1998)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Although improper inferences were drawn from the accused's silence, this did not result in a miscarriage of justice and a new trial was not warranted.
Court disposition
no new trial ordered
02
Material facts
Parties
Ferguson
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether improper inferences drawn from the accused's silence at trial resulted in a miscarriage of justice
- 02
Whether a new trial should be ordered
Party arguments
- Applicant
- The applicant argued that improper inferences were drawn from his silence at trial, resulting in a miscarriage of justice.
- Respondent
- The respondent contended that despite any improper inferences, there was no miscarriage of justice warranting a new trial.
05
Court’s reasoning
Legal principles
- 01
right to silence doctrine
Improper inferences should not be drawn from an accused's silence at trial unless justified by law.
06
Ratio, limits and disposition
Ratio decidendi
Although improper inferences were drawn from the accused's silence, this did not result in a miscarriage of justice and a new trial was not warranted.
Court disposition
no new trial ordered
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Ferguson v Att. Gen. [1998] JLR_Note 9a (15 January 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR98N009a.html Cite as: [1998] JLR_Note 9a [ New search ] [ Help ] Ferguson v Att. Gen. 1998 JLR Note 9a (15 January 1998) RIGHT TO SILENCE-improper inferences at trial-miscarriage of justice-no new trial 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: 1998 JLR Note 9a BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR98N009a.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.