AG v Hopkins [2018] JRC 168 (11 September 2018)

AG v Hopkins [2018] JRC 168 (11 September 2018)

There was evidence before the Relief Magistrate on which she could properly convict the appellant, including the credible testimony of PC Ross and the appellant's equivocal responses. The Relief Magistrate's assessment of credibility and weight of evidence was not flawed, and there was no improper reversal of the burden of proof or failure to consider good character.

Citation
[2018] JRC 168
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
11 September 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Use of Mobile Phone While Driving, Burden of Proof, Credibility of Witnesses, Good Character Direction
Criminal Law Road Traffic Law Use of Mobile Phone While Driving Burden of Proof Credibility of Witnesses Good Character Direction

Case Brief

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Parties

Appellant

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant was holding a telephone while driving contrary to Article 50(1) of the Road Traffic (Jersey) Law 1956
  2. 2 Whether the Relief Magistrate erred in assessing the credibility of the witnesses
  3. 3 Whether the burden of proof was improperly reversed

Ratio Decidendi

There was evidence before the Relief Magistrate on which she could properly convict the appellant, including the credible testimony of PC Ross and the appellant's equivocal responses. The Relief Magistrate's assessment of credibility and weight of evidence was not flawed, and there was no improper reversal of the burden of proof or failure to consider good character.

Court Disposition

appeal dismissed