AG v Canavan [2024] JRC 042 (22 February 2024)

Special measures granted for screening witnesses from the defendant due to risk of diminished evidence quality from fear or distress; ABE interviews not permitted as evidence in chief; expert DNA evidence excluded due to procedural non-compliance and potential prejudice; hearsay evidence from body worn cameras excluded due to inability to cross-examine and fairness concerns.

Citation: [2024] JRC 042
Parties: Defendant: Defendant; Prosecution: Crown; Complainant: Matthew Harris
Jurisdiction: Jersey
Judgment Date: 22 February 2024
Procedural Posture: Criminal / Pre Trial Directions
Outcome: applications granted in part and refused in part
Legal Topics: Assault, Possession of Offensive Weapon, Bad Character Evidence, Special Measures, Expert Evidence, Hearsay Evidence

Criminal Law Assault Possession of Offensive Weapon Bad Character Evidence Special Measures Expert Evidence Hearsay Evidence

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Parties

Defendant

Crown

Prosecution

Matthew Harris

Complainant

Procedural Posture

Criminal / Pre Trial Directions

Legal Issues

1 admissibility of bad character evidence
2 granting of special measures for witnesses
3 admissibility of expert evidence

Ratio Decidendi

Court Disposition

applications granted in part and refused in part

Orders

Prior convictions admitted except assaulting police officer convictions
Special measures granted: screens for witnesses from defendant