AG v Reis [2022] JRC 220 (18 October 2022)

AG v Reis [2022] JRC 220 (18 October 2022)

The Defendant's account of the telephone call with the complainant's brother was admissible as it had to do with the alleged facts of the offence and was not bad character evidence. The application to introduce evidence of the complainant's prior alleged assault was refused as it lacked substantial probative value and relevance to the matters in issue.

Citation
[2022] JRC 220
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
18 October 2022
Procedural Posture
Criminal / Trial by Jury; Rulings on Evidentiary Applications
Outcome
Defence application to admit Defendant's interview evidence allowed; defence application to admit complainant's prior alleged assault refused.
Legal Topics
Admissibility of Evidence, Bad Character Evidence, Self Defence, Police Interview Evidence
Criminal Law Evidence Admissibility of Evidence Bad Character Evidence Self Defence Police Interview Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Trial by Jury; Rulings on Evidentiary Applications

Legal Issues

  1. 1 Whether certain passages from the Defendant's police interviews were admissible as evidence
  2. 2 Whether evidence of non-defendant bad character (complainant's prior alleged assault) was admissible

Ratio Decidendi

The Defendant's account of the telephone call with the complainant's brother was admissible as it had to do with the alleged facts of the offence and was not bad character evidence. The application to introduce evidence of the complainant's prior alleged assault was refused as it lacked substantial probative value and relevance to the matters in issue.

Court Disposition

Defence application to admit Defendant's interview evidence allowed; defence application to admit complainant's prior alleged assault refused.

Orders

  • Defendant's account of the telephone call in police interview is admissible.
  • Evidence of the complainant's prior alleged assault is inadmissible.