AG v Fernandes 23-Oct-2020 [2020] JRC 223 (23 October 2020)
Leave to admit evidence of complainant's previous sexual history was refused because the application did not fall within the exceptions established in Correia, directly engaged the twin myths, and would undermine the statutory prohibition against such evidence. Article 67E did not apply as its conditions were not met.
- Citation
- [2020] JRC 223
- Parties
- Defendant: Defendant; Prosecution: Crown; Complainant: Complainant
- Jurisdiction
- Jersey
- Judgment Date
- 23 October 2020
- Procedural Posture
- Criminal / Pre Trial Application
- Outcome
- application refused
- Legal Topics
- Admissibility of Evidence, Sexual Offences, Credibility of Witnesses, Previous Sexual History
Case Brief
Summary, issues, holding and outcome
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Parties
Defendant
Defendant
Crown
Prosecution
Complainant
Complainant
Procedural Posture
Criminal / Pre Trial Application
Legal Issues
- 1 Whether evidence of complainant's previous sexual history should be admitted under Article 43 of the Sexual Offences (Jersey) Law 2018 and Article 67E(2)(c) of the Police Procedures and Criminal Evidence (Jersey) Law 2003
Ratio Decidendi
Leave to admit evidence of complainant's previous sexual history was refused because the application did not fall within the exceptions established in Correia, directly engaged the twin myths, and would undermine the statutory prohibition against such evidence. Article 67E did not apply as its conditions were not met.
Court Disposition
application refused
Orders
- Leave to adduce evidence of complainant's previous sexual history refused.
- Leave to cross-examine complainant on contraceptive prescriptions and statements refused.
Full Case Text
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