M v AG [2020] JCA 100 (08 June 2020)

M v AG [2020] JCA 100 (08 June 2020)

The appellant's conviction was safe; the complainant's evidence was properly assessed by the jury; judicial directions cured any prejudice from co-accused's bad character evidence; delay did not render the trial unfair; trial counsel's conduct was reasonable and did not deprive the appellant of a fair trial; procedural changes were lawfully applied.

Citation
[2020] JCA 100
Parties
Appellant: M; Respondent: AG
Jurisdiction
Jersey
Judgment Date
08 June 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Indecent Assault, Bad Character Evidence, Abuse of Process, Delay, Severance, Jury Directions
Criminal Law Rape Indecent Assault Bad Character Evidence Abuse of Process Delay Severance Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

M

Appellant

AG

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the complainant's evidence was unreliable and should not have been accepted by the jury
  2. 2 Whether the admission of co-accused's previous convictions caused unfair prejudice to the appellant
  3. 3 Whether the trial should have been stayed as an abuse of process due to delay

Ratio Decidendi

The appellant's conviction was safe; the complainant's evidence was properly assessed by the jury; judicial directions cured any prejudice from co-accused's bad character evidence; delay did not render the trial unfair; trial counsel's conduct was reasonable and did not deprive the appellant of a fair trial; procedural changes were lawfully applied.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld
  • No order for retrial