AG v Withe [2023] JRC 110 (16 February 2023)

AG v Withe [2023] JRC 110 (16 February 2023)

The propensity for violence in a case involving self-defence is relevant and in issue; the probative value of the complainant's alleged violent behaviour is substantial given the nature of the allegations and the defence raised.

Citation
[2023] JRC 110
Parties
Defendant: Defendant; Complainant: Complainant; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
16 February 2023
Procedural Posture
Criminal / Pre Trial Application
Outcome
application granted
Legal Topics
Admissibility of Evidence, Bad Character Evidence, Self Defence
Criminal Law Admissibility of Evidence Bad Character Evidence Self Defence

Case Brief

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Parties

Defendant

Defendant

Complainant

Complainant

Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether bad character evidence relating to the complainant is admissible under Article 82J of the Police Procedures and Criminal Evidence (Jersey) Law 1999
  2. 2 Whether the evidence has substantial probative value in relation to self-defence

Ratio Decidendi

The propensity for violence in a case involving self-defence is relevant and in issue; the probative value of the complainant's alleged violent behaviour is substantial given the nature of the allegations and the defence raised.

Court Disposition

application granted

Orders

  • Evidence of the complainant's alleged violent behaviour is admissible.