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

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

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.

Citation
[2004] JLR 256
Parties
Applicant: Attorney General; Respondent: Batho
Jurisdiction
Jersey
Judgment Date
11 November 2002
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
guidance on admissibility of evidence
Legal Topics
Admissibility of Evidence, Character Evidence, Drug Offences
Criminal Law Evidence Admissibility of Evidence Character Evidence Drug Offences

Case Brief

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Parties

Attorney General

Applicant

Batho

Respondent

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of previous drug use is admissible when the accused's defence is lack of knowledge in a charge of possession with intent to supply
  2. 2 Whether such evidence should be excluded if its prejudicial effect outweighs its probative value

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