AG v Somerville and Hardman [2004] JRC 184 (22 October 2004)

If CCTV footage of an assault is available, it should be shown to the court at sentencing, as it provides the best evidence of the actual events and is not unfairly prejudicial.

Citation: [2004] JRC 184
Parties: Defendant: Somerville; Co Accused: Hardman; Prosecution: Crown
Jurisdiction: Jersey
Judgment Date: 22 October 2004
Procedural Posture: Criminal / Sentencing
Outcome: Application to exclude CCTV footage denied; CCTV footage shown; non-custodial sentence imposed.
Legal Topics: Admissibility of Evidence, CCTV Footage, Sentencing Procedure

Criminal Law Admissibility of Evidence CCTV Footage Sentencing Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Somerville

Defendant

Hardman

Co Accused

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether CCTV footage of the assault should be shown to the sentencing court

Ratio Decidendi

If CCTV footage of an assault is available, it should be shown to the court at sentencing, as it provides the best evidence of the actual events and is not unfairly prejudicial.

Court Disposition

Application to exclude CCTV footage denied; CCTV footage shown; non-custodial sentence imposed.

Orders

CCTV footage admitted and shown to the court.
Defence counsel permitted to comment on and replay the footage.