Simao v Att. Gen. [2005] JLR 374 (09 September 2005)
- Citation
- [2005] JLR 374
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Appeal Against Conviction
More details
- Posture
- Criminal Appeal / Appeal Against Conviction
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A miscarriage of justice can be found on appeal if new evidence, such as psychiatric evidence of insanity, shows the conviction was objectively wrongful, regardless of whether the lower court was at fault.
Court disposition
not specified
02
Material facts
Parties
Simao
AppellantAttorney General
Respondent03
Procedural history
Posture
Criminal Appeal / Appeal Against Conviction
04
Questions and positions
Legal issues
- 01
Whether a miscarriage of justice can be established on appeal by new evidence showing the conviction was objectively wrongful
- 02
Whether new psychiatric evidence establishing insanity at the time of the offence is sufficient to overturn a conviction
Party arguments
- Applicant
- The appellant argues that new psychiatric evidence demonstrates, on the balance of probabilities, that he was actually insane when the offences were committed, rendering the conviction objectively wrongful and constituting a miscarriage of justice.
- Respondent
- The respondent contends that the original conviction should stand unless there was fault by the lower court or unless the new evidence is compelling enough to demonstrate a miscarriage of justice.
05
Court’s reasoning
Legal principles
- 01
[2005] JLR 374
A miscarriage of justice may be established if new evidence shows the conviction was objectively wrongful, such as new psychiatric evidence indicating insanity at the time of the offence; fault by the lower court is not necessary for such a finding.
06
Ratio, limits and disposition
Ratio decidendi
A miscarriage of justice can be found on appeal if new evidence, such as psychiatric evidence of insanity, shows the conviction was objectively wrongful, regardless of whether the lower court was at fault.
Court disposition
not specified
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Simao v Att. Gen. [2005] JLR 374 (09 September 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050374.html Cite as: [2005] JLR 374 [ New search ] [ Help ] Simao v Att. Gen. 2005 JLR 374 (09 September 2005) Criminal Procedure-appeals-appeals against conviction-miscarriage of justice-may establish miscarriage if new evidence shows conviction objectively wrongful, e.g. new psychiatric evidence that on balance of probabilities appellant actually insane when offences committed-fault by lower court not necessary for finding of miscarriage The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2005 JLR 374 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050374.html
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