AG v Roberts [2024] JRC 056 (07 March 2024)
The photographs were relevant and admissible; their late disclosure resulted from an inadvertent oversight, not bad faith. There was no real prejudice to the defence, and withholding the evidence would risk misleading the jury. It was therefore appropriate to admit the photographs.
- Citation
- [2024] JRC 056
- Parties
- Defendant: Gavin Neil Roberts; Prosecution: The Crown
- Jurisdiction
- Jersey
- Judgment Date
- 07 March 2024
- Procedural Posture
- Criminal Trial / Mid Trial Evidentiary Ruling
- Outcome
- Application to admit late-disclosed photographic evidence allowed
- Legal Topics
- Disclosure of Evidence, Admissibility of Evidence, Fair Trial, Late Disclosure, Photographic Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Gavin Neil Roberts
Defendant
The Crown
Prosecution
Procedural Posture
Criminal Trial / Mid Trial Evidentiary Ruling
Legal Issues
- 1 Whether late-disclosed photographic evidence should be admitted before the jury
- 2 Whether admission of such evidence would be unfairly prejudicial to the defence
Ratio Decidendi
The photographs were relevant and admissible; their late disclosure resulted from an inadvertent oversight, not bad faith. There was no real prejudice to the defence, and withholding the evidence would risk misleading the jury. It was therefore appropriate to admit the photographs.
Court Disposition
Application to admit late-disclosed photographic evidence allowed
Orders
- Photographic evidence admitted before the jury
Full Case Text
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