AG -v- A [2012] JRC 032 (07 February 2012)

AG -v- A [2012] JRC 032 (07 February 2012)

The challenged evidence is admissible because it is relevant to the charges, its probative value is not outweighed by unfair prejudice, and any potential prejudice can be addressed by jury directions. The evidence is not being admitted as propensity evidence but to rebut fabrication and corroborate complainants' accounts. The confession and computer evidence are also admissible on this basis.

Citation
[2012] JRC 032
Parties
Defendant: Defendant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
07 February 2012
Procedural Posture
Criminal / Pre Trial Application for Exclusion of Evidence
Outcome
Application to exclude evidence rejected
Legal Topics
Admissibility of Evidence, Similar Fact Evidence, Confession Evidence, Jurisdiction, Prejudicial Vs Probative Value
Criminal Law Evidence Law Admissibility of Evidence Similar Fact Evidence Confession Evidence Jurisdiction Prejudicial Vs Probative Value

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Application for Exclusion of Evidence

Legal Issues

  1. 1 Whether evidence of an alleged rape in the UK is admissible in a Jersey trial
  2. 2 Whether an alleged confession to a former partner is admissible
  3. 3 Whether computer evidence of searches for incestuous child pornography is admissible

Ratio Decidendi

The challenged evidence is admissible because it is relevant to the charges, its probative value is not outweighed by unfair prejudice, and any potential prejudice can be addressed by jury directions. The evidence is not being admitted as propensity evidence but to rebut fabrication and corroborate complainants' accounts. The confession and computer evidence are also admissible on this basis.

Court Disposition

Application to exclude evidence rejected

Orders

  • Challenged evidence is admissible at trial, subject to appropriate jury directions.
  • Defendant may renew objections at trial based on actual evidence presented.