AG -v- W [2017] JRC 111A (18 July 2017)

AG -v- W [2017] JRC 111A (18 July 2017)

Cross-examination on complainant's failure to complain during counselling sessions and proven false allegations against Person 2 is permitted, provided admissions are prepared. Cross-examination on sexual activity with men other than defendant and unproven false allegations is prohibited. Screens are ordered to shield complainants from public view during testimony to ensure best evidence without compromising defendant's right to fair trial.

Citation
[2017] JRC 111A
Parties
Defendant: W; Prosecutor: Crown; Complainant: Complainant; Complainant: Co-complainant
Jurisdiction
Jersey
Judgment Date
18 July 2017
Procedural Posture
Criminal / Interlocutory Hearing
Outcome
Applications granted in part and refused in part.
Legal Topics
Sexual Offences, Admissibility of Evidence, Cross Examination, Use of Screens, False Allegations
Criminal Law Sexual Offences Admissibility of Evidence Cross Examination Use of Screens False Allegations

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Parties

W

Defendant

Crown

Prosecutor

Complainant

Complainant

Co-complainant

Complainant

Procedural Posture

Criminal / Interlocutory Hearing

Legal Issues

  1. 1 Whether evidence relating to complainant's sexual history and prior false allegations can be admitted and used in cross-examination
  2. 2 Whether screens should be ordered to shield complainants from public view during testimony

Ratio Decidendi

Cross-examination on complainant's failure to complain during counselling sessions and proven false allegations against Person 2 is permitted, provided admissions are prepared. Cross-examination on sexual activity with men other than defendant and unproven false allegations is prohibited. Screens are ordered to shield complainants from public view during testimony to ensure best evidence without compromising defendant's right to fair trial.

Court Disposition

Applications granted in part and refused in part.

Orders

  • Defence permitted to cross-examine complainant on failure to complain and proven false allegations against Person 2, subject to admissions.
  • No cross-examination allowed on sexual activity with men other than defendant or unproven false allegations.