Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Features
September 27, 2013

Confessions allowed: Julian Francis v the Queen [2009] CCJ 9 (AJ)

Fri Sep 27, 2013

by Monique Scott, Norman Manley Law School

In the case of Julian Francis v The Queen, the CCJ had to referee a frequent battle in criminal trials over the use of confessions to prove guilt. In this battle, Francis was convicted and sentenced to six years imprisonment for stealing a motor car, where the prosecution’s case hinged on two confessions made to the police; one written and one oral.{{more}}

On appeal, Francis argued that it was wrong for the court to have allowed the confessions to be admitted into evidence. However, the CCJ found no merit in that argument and allowed his conviction and sentence to stand.

The Court firmly disagreed with Francis’ contention that his oral confession was wrongly admitted into evidence because the judge gave the police officer the chance to review his notes while the officer was on the witness stand. The CCJ found that it was acceptable, after meeting certain criteria, to allow a police officer to refer to his police notebook when giving testimony and that the policeman did not need to show that Francis had approved the notes by signing them. There was no unfairness to Francis by allowing the police to refresh his memory from the notebook. How else would he remember what exactly took place three years ago?

Francis was also unable to show that he did not freely give the written confession or that its use by the prosecution was unfair. While noting that it was usual that the two officers investigating the matter were not both called as witnesses, the omission to call one officer did not, by itself, show that the confession was not freely given. Francis seemed to have misunderstood the law, as his complaints about unfairness related to the conduct of the trial, namely, that he was not represented by an attorney and could not cross-examine both officers involved in taking the statement, instead of relating to the circumstances under which the confession was made.

Consequently, the Court found that the admission of the written confession was not wrong.

This summary is intended to assist the Caribbean public in learning more about the work of the CCJ. It is not a formal document of the Court. The judgment of the Court is the only authoritative document and may be found at http://chooseavirb.com/ccj/wp-content/uploads/2012/02/cr1_2008.pdf.

  • FacebookComments
  • ALSO IN THE NEWS
    The puzzle of the missing plane…
    Front Page
    The puzzle of the missing plane…
    Mystery light aircraft located
    Webmaster 
    June 16, 2026
    A TWIN-ENGINE Beechcraft 58P aircraft that was reported missing since Friday, June 12, 2026 after it left the Argyle International Airport, has been l...
    Lowmans Leeward man disappears, mother fearing the worse
    Front Page
    Lowmans Leeward man disappears, mother fearing the worse
    Webmaster 
    June 16, 2026
    A LOWMAN’S LEEWARD MAN, Roman “Romey” Pierre, also known as “Rome” and “Mikhail” is missing and his mother MonishaYoung is fearing the worse. On Monda...
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Front Page
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Webmaster 
    June 16, 2026
    THREE-TIME defending Carnival Band of theYear Blondie Bird and Friends Mas Band, is hoping to extend its winning streak this year despite ongoing chal...
    Ragga  Soca Monarch 2023 makes his return in 2026
    Front Page
    Ragga Soca Monarch 2023 makes his return in 2026
    Webmaster 
    June 16, 2026
    AFTER STEPPING AWAY from the competitive Soca arena to further his education, 2023 Ragga Soca Monarch Javid “Jay-R” Rouse says he is ready to make his...
    Ministry of National Security kicks off Public Service Week today
    Press Release
    Ministry of National Security kicks off Public Service Week today
    Webmaster 
    June 16, 2026
    THE MINISTRY OF National Security, through the Public Sector Reform Unit (PSRU), said it will be observing Public Service Day on June 23, 2026, with t...
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    Stubbs man killed in Dominica
    News
    Stubbs man killed in Dominica
    Webmaster 
    June 16, 2026
    FOR THE SECOND TIME this year, a Vincentian living abroad has been shot and killed. The latest Vincentian to succumb to gun violence overseas is Joshw...
    Court to hear from Ministry of Health on psychiatric reports
    From the Courts, News
    Court to hear from Ministry of Health on psychiatric reports
    Webmaster 
    June 16, 2026
    THE SERIOUS OFFENCES COURT (SOC) is asking that at least two professionals from the Ministry of Health appear in court during the first week in July t...
    North Leeward residents propose use from returns of Sand mining project
    News
    North Leeward residents propose use from returns of Sand mining project
    Webmaster 
    June 16, 2026
    NORTH LEEWARD RESIDENTS are calling for greater investment in their communities from proceeds generated through sand extraction activities in the Rose...
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    News
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    Webmaster 
    June 16, 2026
    WHILE former Prime Minister Ralph Gonsalves congratulated the newly appointed Permanent Secretaries, he said that the New Democratic Party(NDP) is beh...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok