Warren and Others v AG [2009] JCA 135 (01 July 2009)

Warren and Others v AG [2009] JCA 135 (01 July 2009)

Evidence of foreign convictions of third parties is inadmissible in Jersey criminal proceedings under customary law and not rendered admissible by the PPCE Law; the probative value of such evidence does not outweigh its prejudicial effect. Prison visit records are admissible as business records and do not constitute bad character evidence. Previous convictions of a defendant may be admitted as similar fact evidence if relevant to an issue such as identification or purpose. Anonymous surveillance evidence obtained via letters of request is admissible where it is not the sole or decisive evidence and does not render the trial unfair. Case management decisions on working documents and jury...

Citation
[2009] JCA 135
Parties
Appellant/defendant: Curtis Warren; Appellant/defendant: John Alan Welsh; Appellant/defendant: James O'Brien; Appellant/defendant: Jason Woodward; Appellant/defendant: Paul Hunt; Appellant/defendant: Oliver Lucas; Respondent/crown: The Attorney General
Jurisdiction
Jersey
Judgment Date
01 July 2009
Procedural Posture
Criminal Appeal / Appeal From Preparatory Hearing Rulings in the Royal Court of Jersey
Outcome
Appeals allowed in part and dismissed in part; certain rulings of the Commissioner overturned, others upheld.
Legal Topics
Admissibility of Evidence, Foreign Convictions, Bad Character Evidence, Surveillance Evidence, Witness Anonymity, Case Management, Judicial Discretion
Criminal Law Evidence Admissibility of Evidence Foreign Convictions Bad Character Evidence Surveillance Evidence Witness Anonymity Case Management +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Curtis Warren

Appellant/defendant

John Alan Welsh

Appellant/defendant

James O'Brien

Appellant/defendant

Jason Woodward

Appellant/defendant

Paul Hunt

Appellant/defendant

Oliver Lucas

Appellant/defendant

The Attorney General

Respondent/crown

Procedural Posture

Criminal Appeal / Appeal From Preparatory Hearing Rulings in the Royal Court of Jersey

Legal Issues

  1. 1 Whether foreign convictions of third parties are admissible in Jersey criminal proceedings
  2. 2 Admissibility of prison visit records as evidence
  3. 3 Admissibility of previous convictions of a defendant as similar fact evidence

Ratio Decidendi

Evidence of foreign convictions of third parties is inadmissible in Jersey criminal proceedings under customary law and not rendered admissible by the PPCE Law; the probative value of such evidence does not outweigh its prejudicial effect. Prison visit records are admissible as business records and do not constitute bad character evidence. Previous convictions of a defendant may be admitted as similar fact evidence if relevant to an issue such as identification or purpose. Anonymous surveillance evidence obtained via letters of request is admissible where it is not the sole or decisive evidence and does not render the trial unfair. Case management decisions on working documents and jury...

Court Disposition

Appeals allowed in part and dismissed in part; certain rulings of the Commissioner overturned, others upheld.

Orders

  • Evidence of foreign convictions of third parties excluded as inadmissible.
  • Prison visit records admissible as business records.