AG v Evans and Le Maisrre [2003] JRC 081A (15 May 2003)

AG v Evans and Le Maisrre [2003] JRC 081A (15 May 2003)

There is no undue prejudice to the accused in trying all counts together as the evidence is closely intertwined and probative across the counts. The application for severance is therefore refused.

Citation
[2003] JRC 081A
Parties
Accused: Henry Samuel Evans; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
15 May 2003
Procedural Posture
Criminal / Pre Trial Application for Severance of Indictment
Outcome
Application for severance refused
Legal Topics
Severance of Indictment, Joinder of Charges, Similar Fact Evidence
Criminal Law Criminal Procedure Severance of Indictment Joinder of Charges Similar Fact Evidence

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Parties

Henry Samuel Evans

Accused

Attorney General

Prosecution

Procedural Posture

Criminal / Pre Trial Application for Severance of Indictment

Legal Issues

  1. 1 Whether the indictment should be severed to allow separate trials for counts relating to different locations
  2. 2 Whether joinder of charges would cause undue prejudice to the accused

Ratio Decidendi

There is no undue prejudice to the accused in trying all counts together as the evidence is closely intertwined and probative across the counts. The application for severance is therefore refused.

Court Disposition

Application for severance refused

Orders

  • Accused remanded on same terms to stand trial on 27th May 2003