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Criminal law [2022] JRC 030

AG v Ibbet

AG v Ibbet [2022] JRC 030 (08 February 2022)

The court held that the defendant’s state of mind could be relevant to the Article 59 inquiry and refused to exclude police interviews under Article 76.

  • Unfitness to plead
  • Admissibility of evidence
  • Mens rea
  • Police interviews
  • Exclusion of evidence
  • Unfitness-to-plead
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Criminal law [2022] JRC 021

AG v Fernandes

AG v Fernandes [2022] JRC 021 (31 January 2022)

The Royal Court refused a defence application to exclude late-disclosed witness statement passages, holding the evidence relevant and not unfairly prejudicial.

  • Admissibility of evidence
  • Exclusion of evidence
  • Late disclosure
  • Relevance
  • Prejudice
  • Criminal-law
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Criminal law [2018] JRC 086

AG -v- Humble

AG -v- Humble [2018] JRC 086 (14 May 2018)

The court refused to admit Complainant A’s 2013 statement, holding that reliance on it would be unfair to the defendant and would risk denying a fair trial.

  • Admissibility of hearsay
  • Fair trial
  • Vulnerable witnesses
  • Exclusion of evidence
  • Hearsay-admissibility
  • Fair-trial
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Criminal law [2012] JRC 187

AG -v- H

AG -v- H [2012] JRC 187 (15 October 2012)

A Jersey criminal pre-trial ruling refused to exclude police interview admissions, finding no oppression, improper inducement, or unfairness under Articles 74 and 76.

  • Exclusion of evidence
  • Confession admissibility
  • Police interview procedures
  • Oppression
  • Inducement
  • Fairness of proceedings
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Criminal law [2012] JRC 133B

AG -v- Linden

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

The court partly allowed a pre-trial challenge to evidence in a dangerous-driving prosecution, excluding one police confession but admitting a paramedic statement and eyewitness evidence.

  • Exclusion of evidence
  • Confessions
  • Police procedure
  • Fair trial
  • Dangerous driving
  • Admissibility of witness testimony
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Civil procedure [2011] JRC 238

Republic of Brazel v Durant

Republic of Brazel v Durant [2011] JRC 238 (22 December 2011)

The Royal Court considered whether to exclude hearsay depositions before trial, declining to exclude one witness’s depositions and adjourning the rest.

  • Hearsay evidence
  • Exclusion of evidence
  • Cross-examination
  • Case management powers
  • Hearsay-evidence
  • Exclusion-of-evidence
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Health and safety [2010] JRC 181

AG v States Employment Board

AG v States Employment Board [2010] JRC 181 (05 October 2010)

The court held that the States Employment Board could not rely on delegation as a defence to a health and safety charge, and admitted evidence of the workplace accident.

  • Statutory duty
  • Delegation
  • Employer liability
  • Exclusion of evidence
  • Health-and-safety
  • Employer-liability
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Criminal law [2010] JRC 027

AG -v- Bhojwani

AG -v- Bhojwani [2010] JRC 027 (11 February 2010)

The court rejected a defence bid to exclude Nigerian evidence on comity grounds, and refused a stay of the money-laundering prosecution or a preparatory hearing.

  • Money laundering
  • Exclusion of evidence
  • Comity
  • Sovereignty
  • Abuse of process
  • Mutual legal assistance
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Criminal law [2008] JRC 050

AG v Warren and Others

AG v Warren and Others [2008] JRC 050 (20 March 2008)

The Jersey Royal Court refused a stay of criminal proceedings despite unlawful cross-border surveillance and deception of foreign police, finding no abuse of process.

  • Abuse of process
  • Exclusion of evidence
  • Unlawful surveillance
  • Mutual legal assistance
  • Right to fair trial
  • Right to privacy
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Criminal law [2002] JRC 216

AG v Batho

AG v Batho [2002] JRC 216 (11 November 2002)

Pre-trial ruling on exclusion of interview evidence in a drugs case. Cannabis-use admissions and some finance interview material were excluded; fingerprint questions were admitted.

  • Admissibility of evidence
  • Drug offences
  • Police interview procedures
  • Exclusion of evidence
  • Reverse caution
  • Criminal-evidence
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