Ferguson v Att. Gen. [1998] JLR_Note 9a (15 January 1998)

Ferguson v Att. Gen. [1998] JLR_Note 9a (15 January 1998)

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.

Parties
Applicant: Ferguson; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
15 January 1998
Procedural Posture
Criminal Appeal / Judgment
Outcome
no new trial ordered
Legal Topics
Right to Silence, Improper Inferences, Miscarriage of Justice
Criminal Law Right to Silence Improper Inferences Miscarriage of Justice

Case Brief

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Parties

Ferguson

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether improper inferences drawn from the accused's silence at trial resulted in a miscarriage of justice
  2. 2 Whether a new trial should be ordered

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