AG -v- Bennett [2014] JRC 129 (11 June 2014)

AG -v- Bennett [2014] JRC 129 (11 June 2014)

Questions to Mr Penaluna are permitted only insofar as they strictly address motive; questions relating to VAT fraud are not permitted as they pertain solely to Mr Sumries' credit and are bound by his answers.

Citation
[2014] JRC 129
Parties
Witness: Mr Penaluna; Respondent: Prosecution; Applicant: Mr Sumries
Jurisdiction
Jersey
Judgment Date
11 June 2014
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
partial permission granted
Legal Topics
Admissibility of Evidence, Cross Examination, Witness Credibility
Criminal Law Admissibility of Evidence Cross Examination Witness Credibility

Case Brief

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Parties

Mr Penaluna

Witness

Prosecution

Respondent

Mr Sumries

Applicant

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Scope of permissible cross-examination regarding motive
  2. 2 Admissibility of questions relating to VAT fraud

Ratio Decidendi

Questions to Mr Penaluna are permitted only insofar as they strictly address motive; questions relating to VAT fraud are not permitted as they pertain solely to Mr Sumries' credit and are bound by his answers.

Court Disposition

partial permission granted

Orders

  • Applicant permitted to ask questions strictly relating to motive
  • Applicant not permitted to ask questions relating to VAT fraud