B v AG [2020] JCA 148 (30 July 2020)

B v AG [2020] JCA 148 (30 July 2020)

None of the alleged errors by trial counsel or the admission of evidence resulted in unfairness or injustice; the emails were properly admitted as background; expert evidence on the mechanics of intercourse was inadmissible; and the verdict was reasonable and supported by the evidence.

Citation
[2020] JCA 148
Parties
Applicant: B; Respondent: HM Attorney General
Jurisdiction
Jersey
Judgment Date
30 July 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Jury Trial
Outcome
Appeal dismissed
Legal Topics
Rape, Consent, Admissibility of Evidence, Ineffective Assistance of Counsel, Expert Evidence, Appeal Procedure
Criminal Law Rape Consent Admissibility of Evidence Ineffective Assistance of Counsel Expert Evidence Appeal Procedure

Case Brief

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Parties

B

Applicant

HM Attorney General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Jury Trial

Legal Issues

  1. 1 Whether failure to advise on mode of trial (jury vs jurats) invalidates conviction
  2. 2 Whether failure to put defendant's case to key witness (Dr C) caused unfairness
  3. 3 Whether failure to obtain expert evidence on mechanics of intercourse was prejudicial

Ratio Decidendi

None of the alleged errors by trial counsel or the admission of evidence resulted in unfairness or injustice; the emails were properly admitted as background; expert evidence on the mechanics of intercourse was inadmissible; and the verdict was reasonable and supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal against conviction dismissed