Marquer v. Att. Gen. [2017] 1 JLR 1 (05 January 2017)

Marquer v. Att. Gen. [2017] 1 JLR 1 (05 January 2017)

In extreme cases, a conviction may be set aside if the prosecution fails to make clear to the defendant in the witness box that their evidence is disputed.

Citation
[2017] 1 JLR 1
Parties
Defendant: Marquer; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
05 January 2017
Procedural Posture
Criminal / Appeal
Outcome
conviction may be set aside in extreme cases
Legal Topics
Witness Credibility, Prosecution Duties, Fair Trial
Criminal Law Evidence Witness Credibility Prosecution Duties Fair Trial

Case Brief

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Parties

Marquer

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether the prosecution must make clear to the defendant in the witness box that their evidence is disputed
  2. 2 Whether failure to do so can result in conviction being set aside

Ratio Decidendi

In extreme cases, a conviction may be set aside if the prosecution fails to make clear to the defendant in the witness box that their evidence is disputed.

Court Disposition

conviction may be set aside in extreme cases