Att. Gen. v Bhojwani [2010] JLR 153 (06 January 2010)

Att. Gen. v Bhojwani [2010] JLR 153 (06 January 2010)

Leave was granted for the admission of the witness statement as hearsay evidence because it was in the interests of justice, there was no unfairness to the accused who was able to controvert most of the evidence, and the non-attendance of witnesses was a direct result of an overseas judgment obtained by the accused.

Citation
[2010] JLR 153
Parties
Applicant: Attorney General; Respondent: Bhojwani
Jurisdiction
Jersey
Judgment Date
06 January 2010
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
leave granted for admission of hearsay evidence
Legal Topics
Hearsay, Admissibility of Evidence
Criminal Law Evidence Hearsay Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Bhojwani

Respondent

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether leave should be granted for admission of a witness statement as hearsay evidence under Police Procedures and Criminal Evidence (Jersey) Law 2003, art. 67(1)
  2. 2 Whether admission of such evidence would be unfair to the accused

Ratio Decidendi

Leave was granted for the admission of the witness statement as hearsay evidence because it was in the interests of justice, there was no unfairness to the accused who was able to controvert most of the evidence, and the non-attendance of witnesses was a direct result of an overseas judgment obtained by the accused.

Court Disposition

leave granted for admission of hearsay evidence