AG v Figueira [2003] JRC 221 (01 December 2003)

AG v Figueira [2003] JRC 221 (01 December 2003)

Evidence of Inspector Williamson is inadmissible as the complaint was not made at the first reasonable opportunity. The evidence of CEW, JES, and MMC is admissible as the complaints were recent, voluntary, and not elicited by improper questioning.

Citation
[2003] JRC 221
Parties
Defendant: Defendant; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
01 December 2003
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Objection upheld in part and overruled in part.
Legal Topics
Admissibility of Complaint Evidence, Recent Complaint, Spontaneity of Complaint, Sexual Offences
Criminal Law Evidence Admissibility of Complaint Evidence Recent Complaint Spontaneity of Complaint Sexual Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Defendant

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether the evidence of complaints made by three complainants to four witnesses is admissible as recent complaint evidence under the law of evidence.

Ratio Decidendi

Evidence of Inspector Williamson is inadmissible as the complaint was not made at the first reasonable opportunity. The evidence of CEW, JES, and MMC is admissible as the complaints were recent, voluntary, and not elicited by improper questioning.

Court Disposition

Objection upheld in part and overruled in part.

Orders

  • Evidence of Inspector Williamson excluded as inadmissible.
  • Evidence of CEW, JES, and MMC admitted.