AG -v- Humble [2018] JRC 056B (09 March 2018)

AG -v- Humble [2018] JRC 056B (09 March 2018)

The ABE interview of complainant A is excluded because the technical failure (lack of facial view) fundamentally undermines the jury's ability to assess the complainant's demeanour, which is essential for a fair trial. The interests of justice and the defendant's right to a fair trial outweigh the complainant's vulnerability and the practical difficulties of re-interviewing.

Citation
[2018] JRC 056B
Parties
Prosecution: The Crown; Defendant: Defendant; Complainant: Complainant A; Complainant: Complainant B
Jurisdiction
Jersey
Judgment Date
09 March 2018
Procedural Posture
Criminal / Pre Trial Application
Outcome
application granted
Legal Topics
Admissibility of Evidence, Video Evidence, Vulnerable Witnesses, Fair Trial
Criminal Law Evidence Law Admissibility of Evidence Video Evidence Vulnerable Witnesses Fair Trial

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Complainant A

Complainant

Complainant B

Complainant

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether the ABE interview of complainant A should be excluded from evidence due to technical failure preventing assessment of demeanour
  2. 2 Whether exclusion is required to ensure a fair trial for the defendant

Ratio Decidendi

The ABE interview of complainant A is excluded because the technical failure (lack of facial view) fundamentally undermines the jury's ability to assess the complainant's demeanour, which is essential for a fair trial. The interests of justice and the defendant's right to a fair trial outweigh the complainant's vulnerability and the practical difficulties of re-interviewing.

Court Disposition

application granted

Orders

  • The ABE interview of complainant A is excluded from evidence.