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

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

The evidence of prison visits is relevant and not unfair to adduce; its authenticity is not challenged and it cannot be controverted. The probative value outweighs the prejudicial effect, so the evidence is admitted.

Citation
[2009] JRC 060H
Parties
Prosecutor: Attorney General; Defendant: Curtis Warren; Defendant: John Alan Welsh; Defendant: James O'Brien; Defendant: Jason Woodward; Defendant: Paul Hunt; Defendant: Oliver Lucas; Amicus: R. Tremoceiro
Jurisdiction
Jersey
Judgment Date
03 April 2009
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Evidence
Outcome
evidence admitted
Legal Topics
Admissibility of Evidence, Prejudicial Effect Vs Probative Value, Bad Character Evidence
Criminal Law Evidence Law Admissibility of Evidence Prejudicial Effect Vs Probative Value Bad Character Evidence

Case Brief

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Parties

Attorney General

Prosecutor

Curtis Warren

Defendant

John Alan Welsh

Defendant

James O'Brien

Defendant

Jason Woodward

Defendant

Paul Hunt

Defendant

Oliver Lucas

Defendant

R. Tremoceiro

Amicus

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether prison visit records showing association between Warren and Liazid/Vatandas are admissible as evidence
  2. 2 Whether the probative value of the evidence outweighs its prejudicial effect

Ratio Decidendi

The evidence of prison visits is relevant and not unfair to adduce; its authenticity is not challenged and it cannot be controverted. The probative value outweighs the prejudicial effect, so the evidence is admitted.

Court Disposition

evidence admitted

Orders

  • Prison visit records between 1 March 2007 and 14 June 2007 to Warren are admitted as evidence.