AG -v- Steer [2017] JRC 044 (17 March 2017)

AG -v- Steer [2017] JRC 044 (17 March 2017)

Evidence of recent complaint and distress is admissible in principle, but must be limited to avoid prejudice; only the woman police officer's evidence of distress is allowed, and CCTV evidence is excluded due to its prejudicial effect.

Citation
[2017] JRC 044
Parties
Applicant: Prosecution; Respondent: Defence
Jurisdiction
Jersey
Judgment Date
17 March 2017
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
application partially granted
Legal Topics
Admissibility of Evidence, Recent Complaint, Distress, Sexual Assault
Criminal Law Admissibility of Evidence Recent Complaint Distress Sexual Assault

Case Brief

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Parties

Prosecution

Applicant

Defence

Respondent

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of recent complaint and distress is admissible in a sexual assault case
  2. 2 Whether repeated evidence of complaint or distress is prejudicial

Ratio Decidendi

Evidence of recent complaint and distress is admissible in principle, but must be limited to avoid prejudice; only the woman police officer's evidence of distress is allowed, and CCTV evidence is excluded due to its prejudicial effect.

Court Disposition

application partially granted

Orders

  • Evidence of recent complaint to friend, mother, police control room, and woman police officer admitted with limitations.
  • Evidence of distress during call to friend and mother admitted by oral evidence and admission respectively.