MacKenzie v Att. Gen. [1995] JLR 9 (13 January 1995)

MacKenzie v Att. Gen. [1995] JLR 9 (13 January 1995)

Interventions by the judge at a Newton hearing render a sentence unsafe if the judge's statement to the Jurats to decide for themselves is insufficient to overcome adverse comments, or if counsel or the accused are prevented from presenting their case.

Citation
[1995] JLR 9
Parties
Applicant: MacKenzie; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
13 January 1995
Procedural Posture
Criminal Appeal / Judgment
Outcome
sentence unsafe
Legal Topics
Trial Conduct, Judicial Bias, Newton Hearing, Prejudice to Accused
Criminal Law Procedure Trial Conduct Judicial Bias Newton Hearing Prejudice to Accused

Case Brief

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Parties

MacKenzie

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether judicial interventions at a Newton hearing rendered the sentence unsafe due to apparent bias or prejudice to the accused

Ratio Decidendi

Interventions by the judge at a Newton hearing render a sentence unsafe if the judge's statement to the Jurats to decide for themselves is insufficient to overcome adverse comments, or if counsel or the accused are prevented from presenting their case.

Court Disposition

sentence unsafe