AG v W [2024] JRC 023 (26 January 2024)

The Defendant's previous convictions for violent offences are admissible as evidence of propensity relevant to the issue of self-defence. The Complainant's parish hall matter and Scottish conviction are admissible as admissions, but other alleged bad character evidence is excluded as not sufficiently relevant or probative.

Citation: [2024] JRC 023
Parties: Defendant: W; Complainant: B; Prosecution: The Crown
Jurisdiction: Jersey
Judgment Date: 26 January 2024
Procedural Posture: Criminal / Pre Trial Ruling on Evidentiary Applications
Outcome: Applications granted in part
Legal Topics: Bad Character Evidence, Admissibility of Evidence, Self Defence, Propensity, Creditworthiness of Witness

Criminal Law Evidence Bad Character Evidence Admissibility of Evidence Self Defence Propensity Creditworthiness of Witness

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

Defendant

Complainant

The Crown

Prosecution

Procedural Posture

Criminal / Pre Trial Ruling on Evidentiary Applications

Legal Issues

1 Whether the Crown may adduce evidence of the Defendant's bad character
2 Whether the Defendant may adduce evidence of the Complainant's bad character

Ratio Decidendi

Court Disposition

Applications granted in part

Orders

The Crown may adduce evidence of the Defendant's previous convictions for violent offences before the jury.
The Defendant may adduce evidence of the Complainant's parish hall matter and Scottish conviction as admissions before the jury.