Vibert v Att. Gen. [2013] 1 JLR 155 (07 February 2013)
- Citation
- [2013] 1 JLR 155
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
More details
- Posture
- Criminal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Supplying the charge sheet and disclosing all relevant prosecution material, including witness statements, fulfills the requirement to inform the defendant of the nature and cause of the charge under ECHR Article 6(3)(a) and ICCPR Article 14(3)(a).
Court disposition
application dismissed
02
Material facts
Parties
Vibert
DefendantAttorney General
Prosecutor03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
Whether the defendant was given the 'nature and cause' of the charge as required by ECHR Article 6(3)(a) and ICCPR Article 14(3)(a)
Party arguments
- Applicant
- The defendant argued that he was not properly informed of the nature and cause of the charge against him.
- Respondent
- The prosecution argued that providing the charge sheet and disclosing all relevant material, including witness statements, satisfied the requirements of ECHR Article 6(3)(a) and ICCPR Article 14(3)(a).
05
Court’s reasoning
Legal principles
- 01
ECHR Article 6(3)(a); ICCPR Article 14(3)(a)
A defendant is given the 'nature and cause' of the charge if supplied with the charge sheet and the prosecution discloses all relevant material, such as witness statements.
06
Ratio, limits and disposition
Ratio decidendi
Supplying the charge sheet and disclosing all relevant prosecution material, including witness statements, fulfills the requirement to inform the defendant of the nature and cause of the charge under ECHR Article 6(3)(a) and ICCPR Article 14(3)(a).
Court disposition
application dismissed
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 >> Vibert v Att. Gen. [2013] 1 JLR 155 (07 February 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR131155.html Cite as: [2013] 1 JLR 155 [ New search ] [ Help ] Vibert v Att. Gen. 2013 (1) JLR 155 (07 February 2013) Criminal Procedure-charges-nature and cause-defendant given "nature and cause" of charge against him (as required by ECHR, art. 6(3)(a) and International Covenant on Civil and Political Rights, art. 14(3)(a)) if supplied with charge sheet and prosecution discloses all relevant material, e.g. witness statements 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: 2013 (1) JLR 155 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR131155.html
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