Lekkerkerker v Att. Gen. [2014] 1 JLR 272 (03 March 2014)

Lekkerkerker v Att. Gen. [2014] 1 JLR 272 (03 March 2014)

Jurats or jury must determine as a question of fact whether persons depicted in indecent images are under 16; expert evidence is limited to age of sexual maturity, not direct age determination.

Source-derived case information.

Citation
[2014] 1 JLR 272
Parties
Applicant: Lekkerkerker; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
03 March 2014
Procedural Posture
Criminal / Judgment
Outcome
Expert opinion on possibility of age determination inadmissible; factual determination reserved for jury/Jurats.
Legal Topics
Indecent Photographs of Children, Evidence, Age Determination
Criminal Law Indecent Photographs of Children Evidence Age Determination

Source-derived case record

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Parties

Lekkerkerker

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Judgment

  1. 1 Whether expert evidence is admissible to determine the age of persons in indecent images
  2. 2 Whether paediatric specialists may give evidence as to age of sexual maturity of children of same ethnic/racial origin

Ratio Decidendi

Jurats or jury must determine as a question of fact whether persons depicted in indecent images are under 16; expert evidence is limited to age of sexual maturity, not direct age determination.

Court Disposition

Expert opinion on possibility of age determination inadmissible; factual determination reserved for jury/Jurats.