Marriott v AG [2002] JCA 75 (04 April 2002)

Marriott v AG [2002] JCA 75 (04 April 2002)

The presence of two ineligible jurors on the jury that convicted Mr. Marriott constituted a substantial miscarriage of justice under Jersey law. He was entitled to be tried by a jury composed only of eligible jurors as required by the 1864 Law. The convictions must be quashed as the tribunal of fact was not properly constituted.

Citation
[2002] JCA 75
Parties
Appellant: Peter Gerald Marriott; Respondent: The Attorney General
Jurisdiction
Jersey
Judgment Date
04 April 2002
Procedural Posture
Criminal Appeal / Reference by Secretary of State Under Article 41(b) of the Court of Appeal (jersey) Law 1961; Application for Leave to Appeal Out of Time
Outcome
convictions quashed; appeal allowed; leave to appeal out of time granted
Legal Topics
Jury Composition, Miscarriage of Justice, Majority Verdicts, Ineligible Jurors, Appeal Out of Time
Criminal Law Criminal Procedure Jury Composition Miscarriage of Justice Majority Verdicts Ineligible Jurors Appeal Out of Time

Case Brief

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Parties

Peter Gerald Marriott

Appellant

The Attorney General

Respondent

Procedural Posture

Criminal Appeal / Reference by Secretary of State Under Article 41(b) of the Court of Appeal (jersey) Law 1961; Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the jury at Mr. Marriott's trial was properly constituted under the relevant law
  2. 2 Whether the presence of ineligible jurors rendered the conviction unsafe or a miscarriage of justice

Ratio Decidendi

The presence of two ineligible jurors on the jury that convicted Mr. Marriott constituted a substantial miscarriage of justice under Jersey law. He was entitled to be tried by a jury composed only of eligible jurors as required by the 1864 Law. The convictions must be quashed as the tribunal of fact was not properly constituted.

Court Disposition

convictions quashed; appeal allowed; leave to appeal out of time granted

Orders

  • Application for leave to appeal out of time granted.
  • Appeal allowed.