Jersey Judgment

Att. Gen. v Flynn [1990] JLR_Note 17b (08 May 1990)

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Professional case brief

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Source document

01

Holding and result

The court held that clear and convincing evidence is required to establish drunkenness on licensed premises.

Court disposition

judgment delivered

02

Material facts

Parties

Attorney General

Applicant

Flynn

Respondent

03

Procedural history

  1. Posture

    Criminal / Judgment

04

Questions and positions

Legal issues

What constitutes sufficient evidence of drunkenness on licensed premises?

Party arguments

Applicant
The applicant contends that there was sufficient evidence to prove the respondent was drunk on licensed premises.
Respondent
The respondent argues that the evidence was insufficient to establish drunkenness beyond reasonable doubt.

05

Court’s reasoning

  1. 01

    common law

    Evidence of drunkenness must be clear and convincing to support a conviction for being drunk on licensed premises.

06

Ratio, limits and disposition

Ratio decidendi

The court held that clear and convincing evidence is required to establish drunkenness on licensed premises.

Court disposition

judgment delivered

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

Judgment

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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Flynn [1990] JLR_Note 17b (08 May 1990) URL: https://www.bailii.org/je/cases/JLR/1990/JLR90N017b.html Cite as: [1990] JLR_Note 17b [ New search ] [ Help ] Att. Gen. v Flynn 1990 JLR Note 17b (08 May 1990) LICENSED PREMISES-being drunk on licensed premises-evidence of drunkenness The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1990 JLR Note 17b BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1990/JLR90N017b.html

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