AG -v- Bacon [2016] JRC 181 (06 October 2016)

AG -v- Bacon [2016] JRC 181 (06 October 2016)

Prosecution of Counts 6-8 is not an abuse of process despite prior caution due to emergence of new facts regarding additional offences; the 1985 statement is admissible as it was not obtained by oppression or inducement; Counts 1-8 are properly joined and should not be severed; evidence of spanking images is admissible as probative of guilt and relevant to the charges.

Citation
[2016] JRC 181
Parties
Defendant: The Defendant; Prosecution: Attorney General; Amicus Curiae: Advocate Steenson
Jurisdiction
Jersey
Judgment Date
06 October 2016
Procedural Posture
Criminal / Pre Trial Interlocutory Ruling
Outcome
Applications to stay Counts 4 and 6-8 denied; 1985 statement ruled admissible; Counts 1-8 properly joined and not severed; evidence of spanking images admissible.
Legal Topics
Abuse of Process, Admissibility of Confession, Joinder and Severance, Similar Fact Evidence
Criminal Law Evidence Law Procedure Abuse of Process Admissibility of Confession Joinder and Severance Similar Fact Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Defendant

Defendant

Attorney General

Prosecution

Advocate Steenson

Amicus Curiae

Procedural Posture

Criminal / Pre Trial Interlocutory Ruling

Legal Issues

  1. 1 Whether Counts 6-8 and 4 should be stayed as abuse of process due to prior caution
  2. 2 Admissibility of the defendant's 1985 statement under caution
  3. 3 Proper joinder of counts in the indictment

Ratio Decidendi

Prosecution of Counts 6-8 is not an abuse of process despite prior caution due to emergence of new facts regarding additional offences; the 1985 statement is admissible as it was not obtained by oppression or inducement; Counts 1-8 are properly joined and should not be severed; evidence of spanking images is admissible as probative of guilt and relevant to the charges.

Court Disposition

Applications to stay Counts 4 and 6-8 denied; 1985 statement ruled admissible; Counts 1-8 properly joined and not severed; evidence of spanking images admissible.

Orders

  • Proceedings on Counts 4 and 6-8 will continue.
  • 1985 statement may be admitted in evidence.