Simao v Att. Gen. [2005] JLR 374 (09 September 2005)

Simao v Att. Gen. [2005] JLR 374 (09 September 2005)

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.

Source-derived case information.

Citation
[2005] JLR 374
Parties
Appellant: Simao; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
09 September 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
not specified
Legal Topics
Appeal Against Conviction, Miscarriage of Justice, Insanity Defence, New Evidence
Criminal Law Criminal Procedure Appeal Against Conviction Miscarriage of Justice Insanity Defence New Evidence

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Summary, issues, holding and outcome

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Parties

Simao

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether a miscarriage of justice can be established on appeal by new evidence showing the conviction was objectively wrongful
  2. 2 Whether new psychiatric evidence establishing insanity at the time of the offence is sufficient to overturn a conviction

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