AG v Facchino [2008] JRC 014 (28 January 2008)

AG v Facchino [2008] JRC 014 (28 January 2008)

The prejudicial effect of the story and admissions as to indecent images outweighs their probative value and are inadmissible unless the defendant puts his character in issue, in which case the prosecution may rebut with such evidence. Joinder of counts and similar fact evidence from the three boys is admissible. Evidence of cannabis supply is admissible as part of grooming. Evidence of J's distress and further issues will be determined later.

Citation
[2008] JRC 014
Parties
Prosecution: Crown Advocate Fitz; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
28 January 2008
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Partial admissibility of evidence; story and photo admissions excluded unless character is put in issue; joinder and similar fact evidence admitted; cannabis evidence admitted; other issues deferred.
Legal Topics
Admissibility of Evidence, Similar Fact Evidence, Propensity Evidence, Character Evidence, Joinder of Charges
Criminal Law Evidence Admissibility of Evidence Similar Fact Evidence Propensity Evidence Character Evidence Joinder of Charges

Case Brief

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Parties

Crown Advocate Fitz

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Are the counts properly joined in one indictment and should they be heard together?
  2. 2 Is evidence relating to each count probative on the other counts as similar fact evidence?
  3. 3 Is the story written or downloaded by the defendant concerning acts of sodomy and indecency against young boys admissible in evidence?

Ratio Decidendi

The prejudicial effect of the story and admissions as to indecent images outweighs their probative value and are inadmissible unless the defendant puts his character in issue, in which case the prosecution may rebut with such evidence. Joinder of counts and similar fact evidence from the three boys is admissible. Evidence of cannabis supply is admissible as part of grooming. Evidence of J's distress and further issues will be determined later.

Court Disposition

Partial admissibility of evidence; story and photo admissions excluded unless character is put in issue; joinder and similar fact evidence admitted; cannabis evidence admitted; other issues deferred.

Orders

  • Counts remain joined in one indictment.
  • Evidence of each boy is admissible as similar fact evidence.