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

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

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.

Citation
[2005] JLR 36
Parties
Applicant: Benyoussef; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
02 March 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
judgment for applicant
Legal Topics
Good Character Evidence, Jury Directions, Propensity
Criminal Law Evidence Good Character Evidence Jury Directions Propensity

Case Brief

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Parties

Benyoussef

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 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.

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