AG -v- Linden [2012] JRC 133B (10 July 2012)

AG -v- Linden [2012] JRC 133B (10 July 2012)

The confession made to the police officer was excluded due to a significant and substantial breach of Code C (failure to caution when there were objectively reasonable grounds for suspicion), rendering its admission unfair. The confessions to the paramedic and the eyewitness evidence were admitted as reliable and not unfair, with any issues of weight to be determined by the jury.

Citation
[2012] JRC 133B
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
10 July 2012
Procedural Posture
Criminal / Pre Trial Voir Dire on Admissibility of Evidence
Outcome
Application to exclude evidence allowed in part and refused in part.
Legal Topics
Exclusion of Evidence, Confessions, Police Procedure, Fair Trial, Dangerous Driving, Admissibility of Witness Testimony
Criminal Law Evidence Law Exclusion of Evidence Confessions Police Procedure Fair Trial Dangerous Driving Admissibility of Witness Testimony

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Voir Dire on Admissibility of Evidence

Legal Issues

  1. 1 Whether confessions made by the defendant to a police officer and a paramedic should be excluded as unreliable or unfair under Articles 74 and 76 of the Police Procedure and Criminal Evidence (Jersey) Law 2003
  2. 2 Whether the evidence of an eyewitness (Liam Morin) should be excluded as too vague or prejudicial

Ratio Decidendi

The confession made to the police officer was excluded due to a significant and substantial breach of Code C (failure to caution when there were objectively reasonable grounds for suspicion), rendering its admission unfair. The confessions to the paramedic and the eyewitness evidence were admitted as reliable and not unfair, with any issues of weight to be determined by the jury.

Court Disposition

Application to exclude evidence allowed in part and refused in part.

Orders

  • Evidence of PC Lambotte (police officer) excluded.
  • Evidence of Janet Davison (paramedic) admitted.