AG v Pounds (Royal Court : Hearing (Criminal)) [2025] JRC 018 (20 January 2025)

AG v Pounds (Royal Court : Hearing (Criminal)) [2025] JRC 018 (20 January 2025)

The court declined to exclude the witness evidence as it was relevant and proper for the tribunal of fact to hear from these witnesses, especially in a serious case. The court excluded evidence of cannabis possession and use, finding it had no probative value and was prejudicial, thus inadmissible under Article 76 of the 2003 Law.

Citation
[2025] JRC 018
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
20 January 2025
Procedural Posture
Criminal / Pre Trial Rulings
Outcome
Defence application to exclude witness evidence refused; defence application to exclude cannabis-related evidence and guilty plea to Count 5 granted.
Legal Topics
Admissibility of Evidence, Exclusion of Prejudicial Evidence, Site Visits, Dangerous Driving, Intoxication, Possession of Controlled Drugs
Criminal Law Evidence Admissibility of Evidence Exclusion of Prejudicial Evidence Site Visits Dangerous Driving Intoxication Possession of Controlled Drugs

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Rulings

Legal Issues

  1. 1 Whether to exclude witness evidence of Andrew Fairnie, Amanda Fairnie, Kyle Stratford, and Dr Russell Delaney
  2. 2 Whether to exclude evidence of the Defendant's possession and possible use of cannabis and guilty plea to Count 5

Ratio Decidendi

The court declined to exclude the witness evidence as it was relevant and proper for the tribunal of fact to hear from these witnesses, especially in a serious case. The court excluded evidence of cannabis possession and use, finding it had no probative value and was prejudicial, thus inadmissible under Article 76 of the 2003 Law.

Court Disposition

Defence application to exclude witness evidence refused; defence application to exclude cannabis-related evidence and guilty plea to Count 5 granted.

Orders

  • Site visits to Rue de Fauvic and DVS compound at La Collette to be conducted under specified ground rules.
  • Refusal of defence application to exclude witness evidence of Andrew Fairnie, Amanda Fairnie, Kyle Stratford, and Dr Russell Delaney.