AG v Powell [2000] JRC 97 (06 June 2000)

AG v Powell [2000] JRC 97 (06 June 2000)

Admissions and evidence of statements made by the accused while intoxicated are admissible; intoxication affects weight, not admissibility, and there was no breach of procedural codes or voluntariness.

Citation
[2000] JRC 97
Parties
Accused: Michael Raymond Powell; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
06 June 2000
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Both pieces of evidence are admitted.
Legal Topics
Admissibility of Evidence, Voluntariness of Admissions, Effect of Intoxication on Evidence
Criminal Law Evidence Law Admissibility of Evidence Voluntariness of Admissions Effect of Intoxication on Evidence

Case Brief

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Parties

Michael Raymond Powell

Accused

Crown

Prosecution

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether admissions made by the accused while intoxicated are admissible
  2. 2 Whether evidence of a telephone conversation with the accused while intoxicated should be excluded

Ratio Decidendi

Admissions and evidence of statements made by the accused while intoxicated are admissible; intoxication affects weight, not admissibility, and there was no breach of procedural codes or voluntariness.

Court Disposition

Both pieces of evidence are admitted.

Orders

  • Admissions made by the accused during custody procedures are admissible.
  • Evidence of Miss Stoodley's telephone conversation with the accused is admissible.