E -v- AG [2018] JRC 111 (27 June 2018)

E -v- AG [2018] JRC 111 (27 June 2018)

Failure to disclose residential daily notes was a serious misjudgement, but the notes would not have assisted the appellant and would have supported the prosecution; joinder of charges and cross-admissibility of evidence were appropriate; conviction was supported by strong and reliable evidence and was not unreasonable.

Citation
[2018] JRC 111
Parties
Appellant: Appellant; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
27 June 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Youth Court
Outcome
appeal dismissed
Legal Topics
Indecent Assault, Disclosure Obligations, Joinder of Charges, Similar Fact Evidence, Fair Trial, Sex Offenders Register
Criminal Law Youth Justice Human Rights Indecent Assault Disclosure Obligations Joinder of Charges Similar Fact Evidence Fair Trial +1 more

Case Brief

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Parties

Appellant

Appellant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Youth Court

Legal Issues

  1. 1 Whether prosecution failed in its duty of disclosure
  2. 2 Whether joinder of charges was unduly prejudicial
  3. 3 Whether conviction was unreasonable on the evidence

Ratio Decidendi

Failure to disclose residential daily notes was a serious misjudgement, but the notes would not have assisted the appellant and would have supported the prosecution; joinder of charges and cross-admissibility of evidence were appropriate; conviction was supported by strong and reliable evidence and was not unreasonable.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • appellant remains subject to sex offenders register notification requirements