Sutherland -v- AG [2014] JRC 149 (29 July 2014)

Sutherland -v- AG [2014] JRC 149 (29 July 2014)

The admissions made by the appellant's counsel were conclusive and binding, and the evidence, including timings and witness statements, supported the conviction. There was no credible evidence to rebut the statutory presumption regarding breath alcohol concentration, and no incompetence on the part of defence counsel that would render the conviction unsafe.

Citation
[2014] JRC 149
Parties
Appellant: Mr Sutherland; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
29 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Driving Under the Influence, Breath Alcohol Concentration, Admissions in Criminal Proceedings, Defence Counsel Competence
Criminal Law Road Traffic Law Driving Under the Influence Breath Alcohol Concentration Admissions in Criminal Proceedings Defence Counsel Competence

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Parties

Mr Sutherland

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant rebutted the statutory presumption regarding breath alcohol concentration under Article 33(2) of the Road Traffic (Jersey) Law 1956
  2. 2 Whether the admissions made by defence counsel were appropriate and binding
  3. 3 Whether alleged incompetence of defence counsel rendered the conviction unsafe

Ratio Decidendi

The admissions made by the appellant's counsel were conclusive and binding, and the evidence, including timings and witness statements, supported the conviction. There was no credible evidence to rebut the statutory presumption regarding breath alcohol concentration, and no incompetence on the part of defence counsel that would render the conviction unsafe.

Court Disposition

appeal dismissed