AG v MacKenzie [2001] JRC 168 (31 July 2001)

AG v MacKenzie [2001] JRC 168 (31 July 2001)

The passages objected to are not inadmissible at this stage; any ambiguities or potential prejudice are matters for the jury to assess at trial, and the evidence should not be excluded pre-trial.

Citation
[2001] JRC 168
Parties
Alleged Victim: Miss B; Witness: Master B; Accused: Gary; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
31 July 2001
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence
Outcome
Objections to admissibility of interview passages rejected; evidence admitted for trial.
Legal Topics
Admissibility of Evidence, Similar Fact Evidence, Child Witness Testimony, Indecent Assault
Criminal Law Evidence Admissibility of Evidence Similar Fact Evidence Child Witness Testimony Indecent Assault

Case Brief

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Parties

Miss B

Alleged Victim

Master B

Witness

Gary

Accused

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether certain passages from interviews with child witnesses should be excluded as inadmissible evidence
  2. 2 Whether the evidence is prejudicial or ambiguous to the accused
  3. 3 Whether the questioning of the child witnesses was leading

Ratio Decidendi

The passages objected to are not inadmissible at this stage; any ambiguities or potential prejudice are matters for the jury to assess at trial, and the evidence should not be excluded pre-trial.

Court Disposition

Objections to admissibility of interview passages rejected; evidence admitted for trial.

Orders

  • Disputed passages from interviews with Miss B and Master B are admitted and not excluded at this stage.
  • Clarification of ambiguities to be addressed at trial.