Jersey Judgment

Warren v Att. Gen. [2013] 2 JLR 224 (26 July 2013)

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Professional case brief

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Source document

01

Holding and result

The injunction preventing the appellant from contacting the discharged juror was properly granted on the Attorney General's ex parte application to prevent subversion of the jury verdict and perversion of the course of justice; only exceptional circumstances justify departure from open and natural justice.

Court disposition

injunction upheld

Orders

  • Appellant is prevented from contacting discharged juror

02

Material facts

Parties

Warren

Appellant

Attorney General

Respondent

03

Procedural history

  1. Posture

    Criminal / Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant challenged the injunction preventing contact with discharged juror, arguing it was not justified.
Respondent
Attorney General sought ex parte injunction to prevent appellant from subverting jury verdict and perverting course of justice.

05

Court’s reasoning

  1. 01

    Jersey criminal procedure

    Injunctions preventing contact with discharged jurors may be granted to protect the integrity of jury verdicts and the course of justice.

  2. 02

    Jersey criminal law

    Departure from principles of open and natural justice only warranted in exceptional circumstances.

06

Ratio, limits and disposition

Ratio decidendi

The injunction preventing the appellant from contacting the discharged juror was properly granted on the Attorney General's ex parte application to prevent subversion of the jury verdict and perversion of the course of justice; only exceptional circumstances justify departure from open and natural justice.

Court disposition

injunction upheld

  • Appellant is prevented from contacting discharged juror

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2013] 2 JLR 224

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