Hume v Att. Gen. [2005] JLR 327 (06 July 2005)

Hume v Att. Gen. [2005] JLR 327 (06 July 2005)

The Crown's failure to disclose relevant information that may assist the accused in combating an inference of guilt from circumstantial evidence constitutes a miscarriage of justice by depriving the accused of a fair trial.

Citation
[2005] JLR 327
Parties
Applicant: Hume; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
06 July 2005
Procedural Posture
Criminal / Judgment
Outcome
not specified
Legal Topics
Disclosure, Fair Trial, Miscarriage of Justice, Circumstantial Evidence
Criminal Law Criminal Procedure Disclosure Fair Trial Miscarriage of Justice Circumstantial Evidence

Case Brief

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Parties

Hume

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether failure by the Crown to disclose relevant information constitutes a miscarriage of justice by depriving the accused of a fair trial
  2. 2 Whether disclosure may enable the accused to adduce evidence to combat inference of guilt from circumstantial evidence

Ratio Decidendi

The Crown's failure to disclose relevant information that may assist the accused in combating an inference of guilt from circumstantial evidence constitutes a miscarriage of justice by depriving the accused of a fair trial.

Court Disposition

not specified