AG v N [2024] JRC 231 (16 October 2024)

There is sufficient evidence for both particulars (a) and (4) of Count 2 to be considered by the jury; the submissions to strike them out are rejected.

Citation: [2024] JRC 231
Parties: Defendant: Defendant; Complainant: Complainant; Defence Counsel: Advocate Blakeley
Jurisdiction: Jersey
Judgment Date: 16 October 2024
Procedural Posture: Criminal / Interlocutory Ruling on Admissibility of Particulars
Outcome: Submissions to strike out particulars (a) and (4) of Count 2 rejected.
Legal Topics: Assault, Admissibility of Evidence, Submission of No Case to Answer

Criminal Law Assault Admissibility of Evidence Submission of No Case to Answer

Case Brief

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Parties

Defendant

Complainant

Advocate Blakeley

Defence Counsel

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Particulars

Legal Issues

1 Whether there is sufficient evidence to allow particulars (a) and (4) of Count 2 to go to the jury under the Galbraith test

Ratio Decidendi

There is sufficient evidence for both particulars (a) and (4) of Count 2 to be considered by the jury; the submissions to strike them out are rejected.

Court Disposition

Submissions to strike out particulars (a) and (4) of Count 2 rejected.

Orders

Both particulars (a) and (4) of Count 2 will proceed to the jury.