AG -v- F [2016] JRC 079 (07 April 2016)

AG -v- F [2016] JRC 079 (07 April 2016)

The complainant's evidence did not comprise an unrealistically detailed account of isolated early events but rather a fragmentary account of a course of conduct, so the case did not fall within the strict limits for admissible expert evidence on memory research. The jury is capable of assessing reliability without expert assistance.

Citation
[2016] JRC 079
Parties
Defendant: Defendant; Prosecution: Prosecution
Jurisdiction
Jersey
Judgment Date
07 April 2016
Procedural Posture
Criminal / Pre Trial Application for Leave to Adduce Expert Evidence
Outcome
application refused
Legal Topics
Admissibility of Expert Evidence, Memory Reliability, Sexual Offences, Jury Directions
Criminal Law Evidence Law Admissibility of Expert Evidence Memory Reliability Sexual Offences Jury Directions

Case Brief

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Parties

Defendant

Defendant

Prosecution

Prosecution

Procedural Posture

Criminal / Pre Trial Application for Leave to Adduce Expert Evidence

Legal Issues

  1. 1 Whether expert psychological evidence on memory reliability should be admitted in a trial involving historic allegations of sexual abuse by a complainant recalling childhood events.

Ratio Decidendi

The complainant's evidence did not comprise an unrealistically detailed account of isolated early events but rather a fragmentary account of a course of conduct, so the case did not fall within the strict limits for admissible expert evidence on memory research. The jury is capable of assessing reliability without expert assistance.

Court Disposition

application refused

Orders

  • Leave to adduce the expert evidence of Dr David J La Rooy is refused.
  • Dr La Rooy and the prosecution expert, Dr Tully, should attend the trial to hear the complainant's evidence in case issues of repressed or recovered memory arise.