Att. Gen. v Facchino [2008] JLR 103 (28 January 2008)
Similar fact evidence may be admitted if there is a high degree of similarity between the offences, and the judge must assume the evidence is true when considering admissibility, rejecting explanations based on mere coincidence if they affront common sense.
Source-derived case information.
- Citation
- [2008] JLR 103
- Parties
- Applicant: Attorney General; Respondent: Facchino
- Jurisdiction
- Jersey
- Judgment Date
- 28 January 2008
- Procedural Posture
- Criminal / Evidentiary Ruling
- Outcome
- Guidance on admissibility of similar fact evidence provided.
- Legal Topics
- Similar Fact Evidence, Admissibility of Evidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Facchino
Respondent
Procedural Posture
Criminal / Evidentiary Ruling
Legal Issues
- 1 Whether similar fact evidence from one victim is admissible to support evidence from another victim despite potential prejudice to the defendant.
Ratio Decidendi
Similar fact evidence may be admitted if there is a high degree of similarity between the offences, and the judge must assume the evidence is true when considering admissibility, rejecting explanations based on mere coincidence if they affront common sense.
Court Disposition
Guidance on admissibility of similar fact evidence provided.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Jersey Law Reports You are here: BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Facchino [2008] JLR 103 (28 January 2008) URL: https://www.bailii.org/je/cases/JLR/2008/JLR080103.html Cite as: [2008] JLR 103 [ New search ] [ Help ] Att. Gen. v Facchino 2008 JLR 103 (28 January 2008) Evidence-similar facts-admissibility-admissible if evidence of one victim, as to offence against him, so related to evidence of another victim, about offence against him, that fair to admit first victim's evidence to support second victim's evidence, notwithstanding prejudice-high degree of similarity required-if defendant denies truth, judge to assume evidence true and decide whether explanation based on chance or coincidence affronts common sense 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: 2008 JLR 103 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2008/JLR080103.html