Jersey Judgment

H v Att. Gen. [2013] 1 JLR 210 (21 March 2013)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Evidence of victims of similar indecent assaults by the accused is mutually admissible on each charge and highly relevant to rebut the defence that the accused's actions were innocent.

Court disposition

evidence admitted

02

Material facts

Parties

H

Accused

Attorney General

Prosecutor

03

Procedural history

  1. Posture

    Criminal / Evidentiary Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused contended that his actions were innocent and that evidence of other alleged similar assaults should not be admitted.
Respondent
The prosecution argued that evidence from victims of similar indecent assaults was mutually admissible and highly relevant to rebut the accused's claim of innocence.

05

Court’s reasoning

  1. 01

    Jersey criminal evidence law

    Evidence of similar facts is admissible if it is relevant to rebut a defence of innocence and its probative value outweighs its prejudicial effect.

06

Ratio, limits and disposition

Ratio decidendi

Evidence of victims of similar indecent assaults by the accused is mutually admissible on each charge and highly relevant to rebut the defence that the accused's actions were innocent.

Court disposition

evidence admitted

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2013] 1 JLR 210

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