AG -v- Sim [2014] JRC 176 (18 September 2014)
Given the defendant's extremely low cognitive functioning, significant communication difficulties, and recommendations from both a forensic psychologist and an intermediary, the court concludes that the assistance of an intermediary is necessary to ensure a fair trial and effective participation.
- Citation
- [2014] JRC 176
- Parties
- Defendant: Mr Sim; Prosecution: Attorney General
- Jurisdiction
- Jersey
- Judgment Date
- 18 September 2014
- Procedural Posture
- Criminal / Pre Trial Ruling
- Outcome
- Application granted for appointment of an intermediary.
- Legal Topics
- Fair Trial, Intermediary Appointment, Communication Difficulties, Mental Capacity, Trial Procedure
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mr Sim
Defendant
Attorney General
Prosecution
Procedural Posture
Criminal / Pre Trial Ruling
Legal Issues
- 1 Whether the defendant should be assisted by an intermediary during trial and when giving evidence due to significant cognitive and communication impairments.
Ratio Decidendi
Given the defendant's extremely low cognitive functioning, significant communication difficulties, and recommendations from both a forensic psychologist and an intermediary, the court concludes that the assistance of an intermediary is necessary to ensure a fair trial and effective participation.
Court Disposition
Application granted for appointment of an intermediary.
Orders
- The defendant shall have the assistance of an intermediary at trial and when giving evidence.
- The intermediary's recommendations for communication and trial procedure are to be followed as far as practicable.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment