AG v Louis [2023] JRC 225 (20 November 2023)

AG v Louis [2023] JRC 225 (20 November 2023)

Where the use of a phone in the commission of an offence is marginal, destruction may be disproportionate; the Defendant should be allowed to preserve genuinely sentimental items before destruction, and in this case, the destruction order is revoked.

Citation
[2023] JRC 225
Parties
Defendant: Andrew Louis; Co Accused: Ian Manson; Respondent: States of Jersey Police's Digital Forensic Unit
Jurisdiction
Jersey
Judgment Date
20 November 2023
Procedural Posture
Criminal / Post Sentencing Ruling
Outcome
Order for destruction of Defendant's phone revoked; phone to be returned to Defendant.
Legal Topics
Forfeiture of Property, Destruction of Evidence, Sentimental Value of Personal Property
Criminal Law Sentencing Forfeiture of Property Destruction of Evidence Sentimental Value of Personal Property

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Parties

Andrew Louis

Defendant

Ian Manson

Co Accused

States of Jersey Police's Digital Forensic Unit

Respondent

Procedural Posture

Criminal / Post Sentencing Ruling

Legal Issues

  1. 1 Whether the Defendant should be allowed to extract personal photographs from his mobile phone before its destruction
  2. 2 Proportionality of destruction order when phone use in offence is marginal

Ratio Decidendi

Where the use of a phone in the commission of an offence is marginal, destruction may be disproportionate; the Defendant should be allowed to preserve genuinely sentimental items before destruction, and in this case, the destruction order is revoked.

Court Disposition

Order for destruction of Defendant's phone revoked; phone to be returned to Defendant.

Orders

  • Phone may be returned to Defendant.
  • Crown and defence counsel should agree on phone handling prior to sentencing.