Page 46 - Magistrates Conference 2019

Prevalence of the Offence

• See Ellis J. in The Queen v Raymond Harrison [2014] ECSCJ No. 170 at paras. 31-38:

Prevalence is a matter which goes well beyond judicial notice and there is the

need for some form of statistical evidence or expert law enforcement

evidence; there is the need for sufficiently cogent information in this regard.

• But see ECSC Court of Appeal decision in Maureen Peters v The Queen [2010] ECSCJ

No. 252 at para.76:

No adverse comment was made on the sentencing judge taking judicial
notice of the prevalence of the particular offence.

• See also in this regard the ECSC Court of Appeal decision in Michael Jeffrey v The

Queen [2005] ECSCJ No. 61 at paragraph 19 and footnote 17.
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