AG v N [2024] JRC 251 (18 November 2024)

AG v N [2024] JRC 251 (18 November 2024)

The 999 call and police body worn camera footage containing the complainant's statements were admissible as res gestae because they were made in circumstances dominated by the event, excluding the possibility of concoction or distortion. The complainant's witness statement was not admissible under the unfitness or interests of justice gateways, as her unwillingness to testify did not meet the statutory threshold for unfitness, and admitting the statement would be unfair due to the inability to cross-examine her.

Citation
[2024] JRC 251
Parties
Prosecution: The Crown; Defendant: [Defendant Name Redacted]; Complainant: [Complainant Name Redacted]
Jurisdiction
Jersey
Judgment Date
18 November 2024
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling and Post Trial Outcome
Outcome
Application to admit res gestae evidence allowed; application to admit witness statement refused; defendant acquitted at trial.
Legal Topics
Hearsay, Res Gestae, Admissibility of Evidence, Domestic Abuse, Fair Trial Rights
Criminal Law Evidence Law Hearsay Res Gestae Admissibility of Evidence Domestic Abuse Fair Trial Rights

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

[Defendant Name Redacted]

Defendant

[Complainant Name Redacted]

Complainant

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling and Post Trial Outcome

Legal Issues

  1. 1 Whether hearsay evidence, specifically res gestae statements and a witness statement by the complainant, should be admitted when the complainant is unavailable to testify.
  2. 2 Whether the admission of such evidence would adversely affect the fairness of the proceedings.

Ratio Decidendi

The 999 call and police body worn camera footage containing the complainant's statements were admissible as res gestae because they were made in circumstances dominated by the event, excluding the possibility of concoction or distortion. The complainant's witness statement was not admissible under the unfitness or interests of justice gateways, as her unwillingness to testify did not meet the statutory threshold for unfitness, and admitting the statement would be unfair due to the inability to cross-examine her.

Court Disposition

Application to admit res gestae evidence allowed; application to admit witness statement refused; defendant acquitted at trial.

Orders

  • 999 call and police body worn camera footage containing res gestae statements admitted as evidence, subject to editing for admissibility and distress.
  • Complainant's witness statement and comments about prior events excluded from evidence.