Plenary hearing. Fair trial. Attempted murder.
Supreme Court judgment 12 June 2009, HR-2009-1192-P, (case no. 2009/397), criminal case, appeal against conviction.
A (Counsel John Christian Elden) v. The Public Prosecution (Director of Public Prosecutions Lasse Qvigstad)
Penal law. Attempted murder. Procedure. Fair trial. No reason from jury. ECHR Article 6 section 1, ICCPR Article 14 section 1 and section 5. Grand Chamber.
The case concerns an appeal against the judgement of the Court of Appeal in a criminal case concerning, among other things, attempted murder. It gives rise in particular to whether the fact that the question of the defendant’s guilt was decided by a jury, which does not give reasons for its decision, was a violation of the right to a fair trial or the right to have one’s conviction reviewed by a superior tribunal. The Supreme Court set aside the Court of Appeal’s judgement item 3 and the appeal proceedings.