Peacock -v- AG [2010] JRC 043 (25 February 2010)

Peacock -v- AG [2010] JRC 043 (25 February 2010)

There was ample circumstantial evidence for the Assistant Magistrate to conclude the appellant was still in possession of the phone after being told it was evidence and disposed of it with the requisite intention to pervert the course of justice. The Assistant Magistrate was entitled to rely on the appellant's lies as supporting evidence of guilt, having properly directed herself in accordance with the Lucas direction.

Citation
[2010] JRC 043
Parties
Appellant: [Name Redacted]; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
25 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Leave to Appeal Out of Time
Outcome
appeal dismissed
Legal Topics
Attempting to Pervert the Course of Justice, Evidence, Appeals, Assessment of Witness Credibility
Criminal Law Attempting to Pervert the Course of Justice Evidence Appeals Assessment of Witness Credibility

Case Brief

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Parties

[Name Redacted]

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the appellant disposed of the mobile phone with the intention to pervert the course of justice
  2. 2 Whether the Assistant Magistrate properly relied on the appellant's lies as supporting evidence of guilt

Ratio Decidendi

There was ample circumstantial evidence for the Assistant Magistrate to conclude the appellant was still in possession of the phone after being told it was evidence and disposed of it with the requisite intention to pervert the course of justice. The Assistant Magistrate was entitled to rely on the appellant's lies as supporting evidence of guilt, having properly directed herself in accordance with the Lucas direction.

Court Disposition

appeal dismissed