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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    NDP romps home 14-1
    Front Page
    NDP romps home 14-1
    Webmaster 
    November 28, 2025
    THE PEOPLE SPOKE emphatically in Thursday’s general elections in St Vincent and the Grenadines (SVG)propelling the New Democratic Party (NDP) into the...
    ULP’s ‘Come Home Rally’ attracts thousands
    Front Page
    ULP’s ‘Come Home Rally’ attracts thousands
    Webmaster 
    November 28, 2025
    A MAMMOTH CROWD thronged the Arnos Vale 2 Playing Field for the ‘Come Home Labour Family’ rally of the Unity Labour Party (ULP) as it closed out the 2...
    Political Parties close out elections campaign with big entertainers
    Front Page
    Political Parties close out elections campaign with big entertainers
    Webmaster 
    November 28, 2025
    “THE WIND OF change is blowing throughout this land,” declared Dr Godwin Friday, leader of the New Democratic Party. He was speaking at the party’s cl...
    NMCM: main polling day complaint, long lines
    Front Page
    NMCM: main polling day complaint, long lines
    Webmaster 
    November 28, 2025
    VOLUNTEERS UNDER THE auspices of the National Monitoring and Consultative Mechanism (NMCM), who have been monitoring the general elections campaign, h...
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Press Release
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Webmaster 
    November 28, 2025
    EVEN BEFORE his swearing in as prime minister, regional leaders have been sending messages of congratulations to Dr Godwin Friday on the victory of hi...
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    News
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    Online educator drops in on students at St Vincent Grammar School
    News
    Online educator drops in on students at St Vincent Grammar School
    Webmaster 
    November 28, 2025
    BY GRACE FRANCIS WITH A VIEW to setting foot in every country in the Caribbean, online educator, Kerwin Springer, of Trinidad and Tobago paid a visit ...
    Party leaders travelled north on Thursday
    News
    Party leaders travelled north on Thursday
    Webmaster 
    November 28, 2025
    LEADER OFTHE Unity Labour Party (ULP), Dr Ralph Gonsavles, and leader of the New democratic Party (NDP), Dr Godwin Friday both went to constituencies ...
    Sir Calvert Jones recognized by the OAS
    News
    Sir Calvert Jones recognized by the OAS
    Webmaster 
    November 28, 2025
    A PRESENTATION BY Vincentian artist, Sir Calvert Jones at the 10th Inter-American Meeting of Ministers of Culture and Highest Appropriate Authorities ...
    From the Courts, News
    Teenage thief activates $900 bond, sent to prison
    Webmaster 
    November 28, 2025
    A TEENAGER, who used another person’s vehicle without permission and was bonded in the sum of $900, is now imprisoned for four months for stealing fro...

    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