AG v Goguelin 08-Apr-2021 [2021] JRC 099 (08 April 2021)

AG v Goguelin 08-Apr-2021 [2021] JRC 099 (08 April 2021)

The evidence of the defendant's prior convictions is admissible under Article 82E due to agreement between parties, but the preferred approach is a formal application under Article 82F with written reasons, allowing the court to consider fairness and propensity. The material shows a propensity to assault female ex-partners, supporting admissibility.

Citation
[2021] JRC 099
Parties
Prosecution: Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
08 April 2021
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Evidence of prior convictions admitted; directions to jury to follow.
Legal Topics
Bad Character Evidence, Propensity, Domestic Violence, Admissibility of Evidence
Criminal Law Bad Character Evidence Propensity Domestic Violence Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Whether evidence of defendant's prior convictions for grave and criminal assault is admissible under Article 82E of the Police Procedures and Criminal Evidence (Jersey) Law 2003
  2. 2 Whether the court should consider the propensity gateway under Article 82F despite agreement between parties
  3. 3 Fairness of proceedings given the manner of admission of bad character evidence

Ratio Decidendi

The evidence of the defendant's prior convictions is admissible under Article 82E due to agreement between parties, but the preferred approach is a formal application under Article 82F with written reasons, allowing the court to consider fairness and propensity. The material shows a propensity to assault female ex-partners, supporting admissibility.

Court Disposition

Evidence of prior convictions admitted; directions to jury to follow.

Orders

  • Directions to jury regarding treatment of bad character evidence to be given in due course.