AG v Lis [2025] JRC 007 (08 January 2025)

AG v Lis [2025] JRC 007 (08 January 2025)

The probative value of the non-indecent images was very limited in the context of the case, and the slight probative value was outweighed by the unfairness of admitting them, given the wealth of other evidence available to the Crown.

Citation
[2025] JRC 007
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
08 January 2025
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence
Outcome
application to admit evidence refused
Legal Topics
Admissibility of Evidence, Bad Character Evidence, Sexual Offences, Indecent Images of Children
Criminal Law Evidence Admissibility of Evidence Bad Character Evidence Sexual Offences Indecent Images of Children

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether images of children in swimwear not classified as indecent are admissible as evidence
  2. 2 Whether such evidence constitutes bad character evidence under Jersey law
  3. 3 Whether the probative value of the evidence outweighs its prejudicial effect

Ratio Decidendi

The probative value of the non-indecent images was very limited in the context of the case, and the slight probative value was outweighed by the unfairness of admitting them, given the wealth of other evidence available to the Crown.

Court Disposition

application to admit evidence refused

Orders

  • The relevant paragraphs of Mr Cloete's evidence referring to the 175 additional images of children are not admitted.