AG v Warren and Others [2009] JRC 060D (03 April 2009)

AG v Warren and Others [2009] JRC 060D (03 April 2009)

Evidence of previous convictions of non-defendants (Liazid and Vatandas) is admissible in these proceedings because it is relevant, probative, and not excluded by Jersey common law or statute. The common law rule against admissibility of convictions applies only to defendants. Foreign convictions can be proved by production of foreign judgments or records. The probative value outweighs any prejudicial effect, and Article 8 ECHR is not engaged.

Citation
[2009] JRC 060D
Parties
Prosecutor: The Attorney General; Defendant: Curtis Warren; Defendant: John Alan Welsh; Defendant: James O'Brien; Defendant: Jason Woodward; Defendant: Paul Hunt; Defendant: Oliver Lucas; Amicus: Advocate R. Tremoceiro
Jurisdiction
Jersey
Judgment Date
03 April 2009
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Evidence
Outcome
application granted
Legal Topics
Admissibility of Evidence, Bad Character Evidence, Foreign Convictions, Criminal Procedure
Criminal Law Evidence Law Admissibility of Evidence Bad Character Evidence Foreign Convictions Criminal Procedure

Case Brief

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Parties

The Attorney General

Prosecutor

Curtis Warren

Defendant

John Alan Welsh

Defendant

James O'Brien

Defendant

Jason Woodward

Defendant

Paul Hunt

Defendant

Oliver Lucas

Defendant

Advocate R. Tremoceiro

Amicus

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether previous convictions of non-defendants (Liazid and Vatandas) are admissible as evidence in the current criminal proceedings
  2. 2 Whether such convictions, obtained in foreign jurisdictions, can be proved in Jersey courts by foreign judicial records

Ratio Decidendi

Evidence of previous convictions of non-defendants (Liazid and Vatandas) is admissible in these proceedings because it is relevant, probative, and not excluded by Jersey common law or statute. The common law rule against admissibility of convictions applies only to defendants. Foreign convictions can be proved by production of foreign judgments or records. The probative value outweighs any prejudicial effect, and Article 8 ECHR is not engaged.

Court Disposition

application granted

Orders

  • Evidence of previous convictions of Mohammed Liazid and Zulfu Vatandas is admissible in these proceedings.
  • Such convictions may be proved by production of foreign judgments or judicial records.