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Jersey Case Law

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Criminal law [2020] JRC 128

Khan v AG

Khan v AG [2020] JRC 128 (02 July 2020)

Appeal against conviction for failing to stop and report an accident dismissed. The court refused to admit fresh evidence and held counsel’s errors caused no miscarriage of justice.

  • Fresh evidence on appeal
  • Statutory defence
  • Competence of counsel
  • Road traffic offences
  • Fresh-evidence
  • Miscarriage-of-justice
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Criminal law [2014] JCA 236

Motofelea -v- AG

Motofelea -v- AG [2014] JCA 236 (28 November 2014)

The Court of Appeal admitted fresh ownership documents but refused leave to upset a forfeiture order for an Audi used to import cannabis into Jersey.

  • Forfeiture of property
  • Sentencing
  • Fresh evidence on appeal
  • Drug trafficking
  • Possession of prohibited weapon
  • Fresh-evidence-on-appeal
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Criminal law [2010] JRC 186B

Hatton-Edge -v- AG

Hatton-Edge -v- AG [2010] JRC 186B (14 October 2010)

The appeal against a two-month prison sentence for driving with excess alcohol was dismissed, despite fresh psychological evidence about ADD.

  • Driving with excess alcohol
  • Breach of community service order
  • Sentencing
  • Fresh evidence on appeal
  • Criminal-sentencing
  • Fresh-evidence
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Criminal law [2006] JCA 095

Styles and Ors -v- AG 14-Jul-2006

Styles and Ors -v- AG 14-Jul-2006 [2006] JCA 095 (14 July 2006)

Court of Appeal considered leave to appeal convictions and sentences for a cannabis importation conspiracy, and related fresh-evidence applications.

  • Conspiracy
  • Drug offences
  • Evidence—similar fact
  • Fresh evidence on appeal
  • Admissibility of foreign convictions
  • Appeal procedure
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Criminal law

McCarrick v The Attorney General

The Royal Court allowed an appeal against conviction after a guilty plea entered by an unrepresented defendant was accepted without proper inquiry into his understanding and willingness to proceed.

  • Dangerous riding/driving
  • Guilty plea
  • Legal representation
  • Fresh evidence on appeal
  • Sentence appeal
  • Disqualification from driving
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Civil procedure

Riant v Att. Gen.

Riant v Att. Gen. [2000] JLR_Note 42b (27 January 2000)

Appeal application on fresh evidence was refused because the evidence was available at trial.

  • Fresh evidence on appeal
  • Fresh-evidence
  • Appeals
  • Civil-procedure
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Civil procedure [1998] UR 106

1998/106 - Mayo Associates v Cantrade Private Bank

1998/106 - Mayo Associates v Cantrade Private Bank [1998] UR 106 (28 May 1998)

The Court of Appeal rejected the recusal and fresh-evidence arguments, but held the Royal Court lacked inherent jurisdiction to order investor disclosure for Cantrade’s offer.

  • Judicial recusal
  • Apparent bias
  • Inherent jurisdiction
  • Fiduciary duties
  • Fresh evidence on appeal
  • Judicial-recusal
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Civil procedure [1998] UR 32

1998/32 - Jean v Murfitt

1998/32 - Jean v Murfitt [1998] UR 32 (13 February 1998)

The Court of Appeal dismissed an application to set aside earlier judgments based on a letter said to be fresh evidence, and upheld lifting a stay on enforcement of costs orders.

  • Fresh evidence on appeal
  • Forgery
  • Setting aside judgments
  • Winding up of companies
  • Stay of proceedings
  • Fresh-evidence
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Criminal law [1997] JLR 94

Evans v Att. Gen.

Evans v Att. Gen. [1997] JLR 94 (09 April 1997)

Jersey criminal appeal on fresh evidence: the court stated that new evidence on appeal is exceptional and must satisfy strict admissibility criteria.

  • Fresh evidence on appeal
  • Criminal appeals
  • Criminal-appeals
  • Fresh-evidence
  • Jersey-criminal-law
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.