Att. Gen. v Behan [1976] JJ 405 (02 June 1976)

Att. Gen. v Behan [1976] JJ 405 (02 June 1976)

Refusal to provide a specimen for analysis, in the absence of other evidence, does not conclusively prove that the accused's alcohol intake was high.

Citation
[1976] JJ 405
Parties
Applicant: Attorney General; Respondent: Behan
Jurisdiction
Jersey
Judgment Date
02 June 1976
Procedural Posture
Criminal / Judgment
Outcome
refusal not conclusive evidence
Legal Topics
Driving Under the Influence, Evidence, Refusal to Provide Specimen
Criminal Law Road Traffic Law Driving Under the Influence Evidence Refusal to Provide Specimen

Case Brief

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Parties

Attorney General

Applicant

Behan

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether refusal to provide a specimen for analysis is conclusive evidence of high alcohol intake in the absence of other evidence

Ratio Decidendi

Refusal to provide a specimen for analysis, in the absence of other evidence, does not conclusively prove that the accused's alcohol intake was high.

Court Disposition

refusal not conclusive evidence