Att. Gen. v R [1995] JLR 315 (04 October 1995)

Att. Gen. v R [1995] JLR 315 (04 October 1995)

A long delay in reporting an indecent assault does not automatically vitiate the prosecution; any prejudice to the accused arising from evidential difficulties can be mitigated by proper judicial directions to the jury.

Citation
[1995] JLR 315
Parties
Applicant: Attorney General; Respondent: R
Jurisdiction
Jersey
Judgment Date
04 October 1995
Procedural Posture
Criminal Appeal / Judgment
Outcome
prosecution not vitiated by delay
Legal Topics
Indecent Assault, Delay in Complaint, Evidential Prejudice
Criminal Law Indecent Assault Delay in Complaint Evidential Prejudice

Case Brief

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Parties

Attorney General

Applicant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a long delay in reporting an indecent assault vitiates the prosecution
  2. 2 How evidential difficulties caused by delay affect the fairness of the trial

Ratio Decidendi

A long delay in reporting an indecent assault does not automatically vitiate the prosecution; any prejudice to the accused arising from evidential difficulties can be mitigated by proper judicial directions to the jury.

Court Disposition

prosecution not vitiated by delay