Jersey Judgment

Benyoussef v Att. Gen. [2005] JLR 36 (02 March 2005)

Criminal Law Evidence Good Character Evidence Jury Directions Propensity

Citation: [2005] JLR 36
Status: Judgment
Jurisdiction: Jersey
Posture: Criminal Appeal / Judgment

More details

Posture: Criminal Appeal / Judgment

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Professional case brief

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Source document

Holding and result

A judicial direction on the significance of the accused's previous good character is mandatory, particularly where the prosecution's case is based on alleged propensity to commit the offence.

Court disposition

judgment for applicant

Material facts

Parties

Benyoussef

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal Appeal / Judgment

Questions and positions

Legal issues

Whether the judge must direct the jury on the significance of the accused's previous good character, especially when the prosecution relies on alleged propensity.

Party arguments

Applicant: The judge failed to direct the jury that the accused's previous good character made it less likely he committed the offence, which was particularly necessary as the prosecution relied on alleged propensity.
Respondent: The respondent contended that the absence of such a direction did not affect the fairness of the trial.

Court’s reasoning

Legal principles

01
[2005] JLR 36

A judge must direct the jury that the accused's good character makes it less likely that he committed the offence, especially if the prosecution relies on alleged propensity.

Ratio, limits and disposition

Ratio decidendi

A judicial direction on the significance of the accused's previous good character is mandatory, particularly where the prosecution's case is based on alleged propensity to commit the offence.

Court disposition

judgment for applicant

Source and reliance status

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Judgment text

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Court record

Judgment

[2005] JLR 36

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