Att. Gen. v Bardwell [1996] JLR_Note 11a (11 March 1996)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
An accused who makes an imputation on the character of a prosecution witness may be cross-examined as to his own character.
Court disposition
principle affirmed
02
Material facts
Parties
Attorney General
ProsecutionBardwell
Accused03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
Whether cross-examination as to the character of the accused is permissible when there is an imputation on a prosecution witness
Party arguments
- Applicant
- The prosecution contends that the accused's cross-examination of a prosecution witness amounted to an imputation on the witness's character, thereby opening the door to cross-examination of the accused's character.
- Respondent
- The accused argues that the cross-examination did not amount to an imputation justifying inquiry into the accused's character.
05
Court’s reasoning
Legal principles
- 01
common law
Where the accused imputes the character of a prosecution witness, the accused's own character may be put in issue.
06
Ratio, limits and disposition
Ratio decidendi
An accused who makes an imputation on the character of a prosecution witness may be cross-examined as to his own character.
Court disposition
principle affirmed
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Bardwell [1996] JLR_Note 11a (11 March 1996) URL: https://www.bailii.org/je/cases/JLR/1996/JLR96N011a.html Cite as: [1996] JLR_Note 11a [ New search ] [ Help ] Att. Gen. v Bardwell 1996 JLR Note 11a (11 March 1996) CHARACTER - imputation on prosecution witness - cross-examination as to character of accused The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1996 JLR Note 11a BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1996/JLR96N011a.html
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