S -v- AG [2009] JRC 226 (18 November 2009)

S -v- AG [2009] JRC 226 (18 November 2009)

The conviction was quashed because the transcription error in the police interview distorted the trial process, leading the Assistant Magistrate to rely on an aggravating factor unsupported by evidence, thus rendering the conviction unsafe.

Citation
[2009] JRC 226
Parties
Applicant: Applicant; Respondent: Crown
Jurisdiction
Jersey
Judgment Date
18 November 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal
Outcome
conviction quashed, leave to appeal out of time granted, matter remitted for possible retrial
Legal Topics
Corporal Punishment, Reasonable Chastisement, Transcription Error, Appeal Out of Time
Criminal Law Child Protection Corporal Punishment Reasonable Chastisement Transcription Error Appeal Out of Time

Case Brief

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Parties

Applicant

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the conviction was safe given the transcription error in the police interview
  2. 2 Whether the corporal punishment administered was reasonable under Article 35 and Article 79 of the Children (Jersey) Law 2002

Ratio Decidendi

The conviction was quashed because the transcription error in the police interview distorted the trial process, leading the Assistant Magistrate to rely on an aggravating factor unsupported by evidence, thus rendering the conviction unsafe.

Court Disposition

conviction quashed, leave to appeal out of time granted, matter remitted for possible retrial

Orders

  • Leave to appeal out of time granted
  • Appeal allowed