E v H.&S.S. Min. [2012] 2 JLR 446 (30 November 2012)
- Citation
- [2012] 2 JLR 446
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Appeal / Judgment
More details
- Posture
- Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because the Royal Court had properly directed itself and there was sufficient evidence, including the uncorroborated evidence of the children and the psychologist's opinion, to find abuse on the balance of probabilities.
Court disposition
appeal dismissed
02
Material facts
Parties
E
AppellantH.&S. S. Min.
Respondent03
Procedural history
Posture
Appeal / Judgment
04
Questions and positions
Legal issues
Whether the Royal Court's finding that children were sexually abused by their father should be overturned on appeal
Party arguments
- Applicant
- The appellant challenged the Royal Court's finding that the children were sexually abused by their father.
- Respondent
- The respondent argued that the Royal Court properly directed itself and there was sufficient evidence to support the finding of abuse on the balance of probabilities.
05
Court’s reasoning
Legal principles
- 01
[2012] 2 JLR 446
A finding of child sexual abuse by the Royal Court will not be overturned on appeal if the court properly directed itself and there was sufficient evidence, including uncorroborated evidence of the children and a psychologist's opinion as to authenticity, to find abuse on the balance of probabilities.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because the Royal Court had properly directed itself and there was sufficient evidence, including the uncorroborated evidence of the children and the psychologist's opinion, to find abuse on the balance of probabilities.
Court disposition
appeal dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> E v H.&S. S. Min. [2012] 2 JLR 446 (30 November 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122446.html Cite as: [2012] 2 JLR 446 [ New search ] [ Help ] E v H.&S. S. Min. 2012 (2) JLR 446 (30 November 2012) Family Law-fact-finding hearings-assessment of evidence-child abuse-Royal Court's finding that children sexually abused by father not overturned on appeal if court properly directed itself and sufficient evidence (including children's uncorroborated evidence and psychologist's opinion that authentic) to find abuse on balance of probabilities The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 446 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122446.html
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