AG v Baska [2022] JRC 059 (03 March 2022)

Bad character evidence of both defendant and complainant is admissible only to the extent it is relevant, proximate in time, and of substantial probative value to issues of credibility and motive, with broader admissions excluded to prevent distraction from principal issues.

Citation: [2022] JRC 059
Parties: Prosecution: The Crown; Defendant: The Defendant; Complainant: The Complainant
Jurisdiction: Jersey
Judgment Date: 03 March 2022
Procedural Posture: Criminal / Pre Trial Evidentiary Ruling
Outcome: Applications granted in part
Legal Topics: Bad Character Evidence, Admissibility, Domestic Violence, Credibility of Witnesses

Criminal Law Evidence Bad Character Evidence Admissibility Domestic Violence Credibility of Witnesses

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2

Parties

The Crown

Prosecution

The Defendant

Defendant

The Complainant

Complainant

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

1 Whether bad character evidence of the defendant and complainant is admissible under the Police Procedures and Criminal Evidence (Jersey) Law 2003
2 Whether the proposed admissions are relevant and of substantial probative value
3 Whether the evidence risks distracting the jury from the principal issues

Ratio Decidendi

Court Disposition

Applications granted in part

Orders

Crown's application to admit four incidents of defendant's bad character as agreed admissions granted
Defence application to admit complainant's bad character evidence granted in part, limited to brief admissions within six months prior to alleged assault and specific incident on 14 May 2021