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Criminal law [2022] JCA 195

Le Lay v HM Attorney General

Le Lay v HM Attorney General [2022] JCA 195 (22 September 2022)

The Court of Appeal refused leave to appeal against convictions, rejecting fresh evidence, unfair-trial, bias, and unfitness-to-plead arguments.

  • Appeal on fresh evidence
  • Trial in absence of defendant
  • Judicial bias
  • Fitness to plead
  • Cross-examination restrictions
  • Fresh-evidence
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Criminal law [2021] JRC 174

Bonney v AG

Bonney v AG [2021] JRC 174 (17 June 2021)

The Royal Court of Jersey allowed an appeal against a magistrate’s refusal to recuse herself, finding apparent bias under the Porter v Magill test.

  • Judicial bias
  • Recusal of judges
  • Apparent bias
  • Fair trial
  • Case stated procedure
  • Judicial-bias
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Criminal law [2014] JCA 151

Mario Capuano -v- AG

Mario Capuano -v- AG [2014] JCA 151 (30 July 2014)

The Court of Appeal upheld Mario Capuano’s conviction for conspiracy to import heroin, rejecting arguments that the verdict was unsupported and that the Bailiff’s casting vote was biased.

  • Conspiracy
  • Drug importation
  • Judicial bias
  • Admissibility of antecedents
  • Casting vote
  • Circumstantial evidence
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Civil procedure [2013] JCA 236

Pitmans -v- JEP and 1st Jersey Limited

Pitmans -v- JEP and 1st Jersey Limited [2013] JCA 236 (27 November 2013)

The Court of Appeal dismissed a renewed application for leave to appeal out of time in a defamation case, finding the delay unjustified and the bias claims unpersuasive.

  • Leave to appeal out of time
  • Judicial bias
  • Defamation
  • Role of jurats
  • Procedural delay
  • Leave-to-appeal-out-of-time
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Criminal law [2013] JRC 030

Vibert -v- AG

Vibert -v- AG [2013] JRC 030 (07 February 2013)

The appeal against two contempt convictions was dismissed. The court held the appellant had proper notice to attend, no reasonable excuse, and no apparent bias.

  • Contempt of court
  • Parking offences
  • Court procedure
  • Judicial bias
  • Jurisdiction
  • Statutory interpretation
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Administrative law [2012] JRC 095

Le Boutillier v Min for Planning and Environment

Le Boutillier v Min for Planning and Environment [2012] JRC 095 (11 May 2012)

The Royal Court of Jersey held that a fair-minded observer might perceive bias from a Jurat’s family connection to an objecting body, so the appeal would be reheard.

  • Judicial bias
  • Recusal
  • Impartial tribunal
  • Perception of bias
  • Planning appeals
  • Judicial-bias
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Criminal law [2011] JRC 168

Syvret v AG and Connetable of Grouville

Syvret v AG and Connetable of Grouville [2011] JRC 168 (30 August 2011)

The court upheld convictions for unlawful disclosure and processing of personal data without registration, but quashed contempt convictions for procedural unfairness.

  • Unlawful disclosure of personal data
  • Processing personal data without registration
  • Abuse of process
  • Judicial bias
  • Procedural fairness in contempt proceedings
  • Data-protection
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Public law [2011] JRC 116

Syvret v Chief Minister and Others

Syvret v Chief Minister and Others [2011] JRC 116 (20 June 2011)

The Royal Court struck out Mr Syvret’s claim as disclosing no cause of action and refused his recusal application, finding no apparent bias.

  • Misfeasance in public office
  • Breach of statutory duty
  • Negligence
  • Judicial bias
  • Privileges of legislature
  • Human rights act
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Judicial conduct [2011] JRC 012

AG -v- Michel

AG -v- Michel [2011] JRC 012 (17 January 2011)

The court declined a recusal application, holding there was no reasonable basis to suspect bias and that the judge had a duty to sit.

  • Recusal of judge
  • Judicial bias
  • Judicial-bias
  • Judge-recusal
  • Judicial-conduct
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Criminal law [2003] JCA 007

Simpson v AG

Simpson v AG [2003] JCA 007 (16 January 2003)

The Court of Appeal granted leave and reduced a nine-year sentence for importing cannabis resin to seven and a half years, relying on guilty plea, age, and poor health.

  • Sentencing
  • Judicial bias
  • Importation of controlled drugs
  • Mitigation
  • European convention on human rights
  • Judicial-bias
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