Warren v Att. Gen. [2011] JLR 424 (28 March 2011)

Warren v Att. Gen. [2011] JLR 424 (28 March 2011)

The Royal Court refused to stay proceedings because the seriousness of the offence (conspiracy to import large quantity of drugs), the sophistication of the accused, advice from Law Officers' Department, absence of intention to mislead, and real urgency outweighed the grave police misconduct.

Citation
[2011] JLR 424
Parties
Applicant: Warren; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
28 March 2011
Procedural Posture
Criminal / Application for Stay of Proceedings
Outcome
application for stay refused
Legal Topics
Abuse of Process, Stay of Proceedings, Police Misconduct, Admissibility of Evidence
Criminal Law Criminal Procedure Abuse of Process Stay of Proceedings Police Misconduct Admissibility of Evidence

Case Brief

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Parties

Warren

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings should be stayed for abuse of process due to grave police misconduct in obtaining evidence overseas by unauthorized intrusive surveillance and deception of Jersey and foreign authorities

Ratio Decidendi

The Royal Court refused to stay proceedings because the seriousness of the offence (conspiracy to import large quantity of drugs), the sophistication of the accused, advice from Law Officers' Department, absence of intention to mislead, and real urgency outweighed the grave police misconduct.

Court Disposition

application for stay refused