AG -v- Smale [2013] JRC 131 (26 June 2013)

AG -v- Smale [2013] JRC 131 (26 June 2013)

It is in the interests of justice to order the erection of screens for the complainant, given the nature of the alleged domestic violence, the complainant's distress, and the established legal principles regarding special measures.

Citation
[2013] JRC 131
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
26 June 2013
Procedural Posture
Criminal / Pre Trial Directions Hearing
Outcome
interlocutory orders made; case proceeds to trial
Legal Topics
Special Measures, Admissibility of Evidence, Domestic Violence, Jury Directions
Criminal Law Special Measures Admissibility of Evidence Domestic Violence Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Pre Trial Directions Hearing

Legal Issues

  1. 1 Whether special measures (screens) should be ordered for the complainant
  2. 2 Whether a site visit is appropriate
  3. 3 Admissibility of a telephone call as evidence

Ratio Decidendi

It is in the interests of justice to order the erection of screens for the complainant, given the nature of the alleged domestic violence, the complainant's distress, and the established legal principles regarding special measures.

Court Disposition

interlocutory orders made; case proceeds to trial

Orders

  • Prosecution to serve further evidence, draft admissions, and redactions by 12 July.
  • Defence to respond to draft admissions and redactions by 26 July.