AG v Warren and Others [2009] JRC 143 (10 July 2009)

AG v Warren and Others [2009] JRC 143 (10 July 2009)

The Commissioner is not constrained by rules of evidence regarding explanatory material or working schedules placed before the jury; inclusion of such material is a matter of case management, not law.

Citation
[2009] JRC 143
Parties
Applicant: Crown; Respondent: Defence
Jurisdiction
Jersey
Judgment Date
10 July 2009
Procedural Posture
Criminal / Post Appeal Reconsideration
Outcome
Ruling reconsidered; explanatory commentary, identification of speakers, timings, dates, locations, and other matters of commentary may be included in the working document for the jury as a matter of case management.
Legal Topics
Admissibility of Evidence, Case Management, Jury Assistance
Criminal Law Admissibility of Evidence Case Management Jury Assistance

Case Brief

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Parties

Crown

Applicant

Defence

Respondent

Procedural Posture

Criminal / Post Appeal Reconsideration

Legal Issues

  1. 1 Whether commentary and explanatory material can be included in working documents for the jury
  2. 2 Whether the Commissioner is constrained by rules of evidence in relation to explanatory material

Ratio Decidendi

The Commissioner is not constrained by rules of evidence regarding explanatory material or working schedules placed before the jury; inclusion of such material is a matter of case management, not law.

Court Disposition

Ruling reconsidered; explanatory commentary, identification of speakers, timings, dates, locations, and other matters of commentary may be included in the working document for the jury as a matter of case management.

Orders

  • The working document may include explanatory commentary and identification details to assist the jury.
  • The jury must be informed that the document is not evidence but a tool for understanding.