Jersey Judgment

Att. Gen. v Batho [2004] JLR 256 (11 November 2002)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Evidence of previous drug use is admissible if the accused's defence is lack of knowledge on a charge of possession with intent to supply, but may be excluded if its prejudicial effect outweighs its probative value.

Court disposition

guidance on admissibility of evidence

02

Material facts

Parties

Attorney General

Applicant

Batho

Respondent

03

Procedural history

  1. Posture

    Criminal / Evidentiary Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
Evidence of previous drug use is relevant to rebut the defence of lack of knowledge and should be admitted.
Respondent
Evidence of previous drug use is prejudicial and should be excluded as it may unfairly influence the jury.

05

Court’s reasoning

  1. 01

    general principles of evidence law

    Evidence of previous conduct may be admissible if it is relevant to an issue in the case, such as knowledge or intent, but may be excluded if its prejudicial effect outweighs its probative value.

06

Ratio, limits and disposition

Ratio decidendi

Evidence of previous drug use is admissible if the accused's defence is lack of knowledge on a charge of possession with intent to supply, but may be excluded if its prejudicial effect outweighs its probative value.

Court disposition

guidance on admissibility of evidence

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2004] JLR 256

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