AG v Roberts [2024] JRC 056 (07 March 2024)

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

  1. 1 Whether late-disclosed photographic evidence should be admitted before the jury
  2. 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