AG v Cornish 06-Nov-2019 [2019] JRC 221A (06 November 2019)

AG v Cornish 06-Nov-2019 [2019] JRC 221A (06 November 2019)

The defendant's previous convictions for illegal entry and assault against the complainant are directly relevant to the issue of propensity to commit the offences charged and are admissible under Article 82F. Convictions relating to violence against a third party or breach of a restraining order are not sufficiently...

Source-derived case information.

Citation
[2019] JRC 221A
Parties
Prosecution: The Crown; Defendant: The Defendant; Complainant: The Complainant
Jurisdiction
Jersey
Judgment Date
06 November 2019
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
partially allowed
Legal Topics
Bad Character Evidence, Propensity, Admissibility of Previous Convictions
Criminal Law Evidence Law Bad Character Evidence Propensity Admissibility of Previous Convictions

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Parties

The Crown

Prosecution

The Defendant

Defendant

The Complainant

Complainant

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of the defendant's previous convictions is admissible under the bad character provisions of the Police Procedures and Criminal Evidence (Jersey) Law 2003
  2. 2 Whether the previous convictions demonstrate a propensity relevant to the current charges

Ratio Decidendi

The defendant's previous convictions for illegal entry and assault against the complainant are directly relevant to the issue of propensity to commit the offences charged and are admissible under Article 82F. Convictions relating to violence against a third party or breach of a restraining order are not sufficiently relevant and are excluded.

Court Disposition

partially allowed

Orders

  • Evidence of three previous convictions (illegal entry and assaults against the complainant) admitted under Article 82F.
  • Evidence of conviction for assault against a third party and breach of restraining order excluded.