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Jersey Case Law

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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
  • Mental-health-law
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Criminal-law [2021] JRC 052

B v AG 18-Feb-2021

B v AG 18-Feb-2021 [2021] JRC 052 (18 February 2021)

The Royal Court allowed an appeal against refusal to vacate a guilty plea for common assault, holding the plea was not unequivocal and staying further prosecution.

  • Guilty-plea
  • Vacating-plea
  • Assault
  • Intermediary-appointment
  • Fair-trial
  • Mens-rea
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Criminal-law [2020] JRC 162

AG v Bulpin

AG v Bulpin [2020] JRC 162 (11 August 2020)

The Royal Court held that making indecent images of children can include deliberate downloading to a device’s cache, without proof the defendant knew how cache storage worked.

  • Indecent-images
  • Child-protection
  • Digital-evidence
  • Mens-rea
  • Making-offence
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Criminal-law [2020] JRC 118

A, B and E v HM Attorney General

A, B and E v HM Attorney General [2020] JRC 118 (19 June 2020)

The Royal Court allowed an appeal against conviction for child endangerment after finding the Magistrate applied the wrong recklessness test and relied too heavily on expert evidence.

  • Appeal-against-conviction
  • Child-endangerment
  • Mens-rea-(intention-and-recklessness)
  • Judicial-recusal
  • Expert-evidence
  • Disclosure-obligations
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Criminal-law [2018] JRC 014

Queree -v- AG

Queree -v- AG [2018] JRC 014 (18 January 2018)

The Court of Appeal allowed an appeal against an indecent assault conviction, holding the evidence did not prove clear withdrawal of consent or indecency.

  • Indecent-assault
  • Consent-in-sexual-offences
  • Evidentiary-admissibility
  • Judicial-recusal
  • Standard-of-proof
  • Mens-rea
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Criminal-law [2014] JRC 088

AG -v- X

AG -v- X [2014] JRC 088 (02 April 2014)

The Jersey Royal Court held that gross indecency is not a strict liability offence and that motive or sexual satisfaction need not be proved. The no-case submission was rejected.

  • Gross-indecency
  • Mens-rea
  • Strict-liability
  • Indecency-with-children
  • Criminal-law
  • No-case-to-answer
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Criminal-law [2013] 2 JLR 471

Att. Gen. v Coote

Att. Gen. v Coote [2013] 2 JLR 471 (21 November 2013)

The court held that expert psychiatric evidence of a defendant’s low IQ may be admitted where it is relevant to assessing the defendant’s evidence or whether mens rea is established.

  • Expert-evidence
  • Psychiatric-evidence
  • Mens-rea
  • Criminal-evidence
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Criminal-law [2010] JCA 136A

Hamilton and Owens v AG

Hamilton and Owens v AG [2010] JCA 136A (21 July 2010)

The Court of Appeal dismissed Hamilton and Owens’s challenges to conviction and sentence for knowingly assisting the fraudulent importation of cocaine into Jersey.

  • Drug-importation
  • Mens-rea
  • Fair-trial
  • Sentencing
  • Hearsay-evidence
  • Criminal-law
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Criminal-law [2010] JLR 313

Hamilton v Att. Gen.

Hamilton v Att. Gen. [2010] JLR 313 (21 July 2010)

The Jersey court held that mens rea for importing prohibited goods is made out if the accused believed he was importing drugs or drug-related money, even if mistaken about the type.

  • Importation-of-prohibited-goods
  • Mens-rea
  • Drug-trafficking
  • Customs-and-excise-(jersey)-law-1999
  • Criminal-law
  • Customs-and-excise
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Criminal-law [2010] JRC 121

AG -v- Hamilton and Owens

AG -v- Hamilton and Owens [2010] JRC 121 (01 July 2010)

Jersey sentencing decision for two young offenders convicted of importing cocaine. The court held their mistaken belief that they were importing money did not alter sentence.

  • Drug-importation
  • Sentencing
  • Mens-rea
  • Youth-offenders
  • Criminal-sentencing
  • Young-offenders
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.