Att. Gen. v Escoffery [1990] JLR 213 (08 November 1990)

Att. Gen. v Escoffery [1990] JLR 213 (08 November 1990)

Allegations of impropriety by police witnesses, such as fabrication of evidence, constitute imputations that justify the admission of the accused's record under the relevant statute; the court's discretion to prohibit cross-examination on the record is limited.

Citation
[1990] JLR 213
Parties
Prosecution: Attorney General; Accused: Escoffery
Jurisdiction
Jersey
Judgment Date
08 November 1990
Procedural Posture
Criminal / Appeal
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Cross Examination, Impeachment of Witnesses
Criminal Law Evidence Admissibility of Evidence Cross Examination Impeachment of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Prosecution

Escoffery

Accused

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether an emphatic denial of guilt by the accused constitutes an imputation on prosecution witnesses justifying the admission of the accused's criminal record under Loi (1908) au sujet des temoins et informateurs, art. 2(6)(b)
  2. 2 Scope of the court's discretion to prohibit cross-examination on the accused's record

Ratio Decidendi

Allegations of impropriety by police witnesses, such as fabrication of evidence, constitute imputations that justify the admission of the accused's record under the relevant statute; the court's discretion to prohibit cross-examination on the record is limited.

Court Disposition

appeal dismissed