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Jersey Case Law

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Criminal law

The Attorney General v Michael John O’Brien

The Royal Court refused a defence application to use prior complaints and sexual history evidence, finding no reasonable basis to infer any earlier complaint was false.

  • Rape allegations
  • Bad character evidence
  • Sexual history evidence
  • Admissibility
  • Cross-examination
  • Complainant credibility
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Criminal law [2024] JRC 050

AG v RD

AG v RD [2024] JRC 050 (29 February 2024)

Pre-trial rape ruling allowing a single defence question on prior consensual intercourse to explore possible alternative causes of genital injuries.

  • Admissibility of sexual history evidence
  • Rape
  • Jury directions
  • Sexual-history-evidence
  • Cross-examination
  • Jury-directions
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Criminal law [2021] JRC 188

AG v RL

AG v RL [2021] JRC 188 (09 July 2021)

The Jersey Royal Court held that pre-incident text messages about sexual intentions were inadmissible, and refused expert evidence on alcohol-related memory impairment.

  • Admissibility of evidence
  • Sexual offences
  • Cross-examination
  • Expert evidence
  • Admissibility-of-evidence
  • Sexual-offences
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Civil procedure [2020] JRC 106

Trico Limited v Buckingham

Trico Limited v Buckingham [2020] JRC 106 (04 June 2020)

Interlocutory ruling on hearsay cross-examination, video-link evidence, and costs. The court permitted limited cross-examination of Mr Atherton and ordered subpoena costs in the cause.

  • Hearsay evidence
  • Cross-examination
  • Video link testimony
  • Costs orders
  • Hearsay-evidence
  • Video-link-testimony
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Criminal law [2019] JRC 209

AG v Yuksel 23-Oct-2019

AG v Yuksel 23-Oct-2019 [2019] JRC 209 (23 October 2019)

The Royal Court granted leave for overseas complainants to give evidence by live television link under Article 14A, but refused the same request for UK-based witnesses.

  • Witness evidence
  • Television link
  • Proportionality
  • Cross-examination
  • Witness-evidence
  • Live-television-link
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Civil law

The Attorney General v Ian Joseph Ellis

The Royal Court refused to vacate the final hearing in a contested civil forfeiture case, declined to order the respondent’s personal attendance, and set limited further directions.

  • Tainted property
  • Summary procedure
  • Case management directions
  • Cross-examination
  • Costs
  • Civil-forfeiture
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Criminal law [2018] JRC 115

Monks -v- AG

Monks -v- AG [2018] JRC 115 (02 July 2018)

The Royal Court of Jersey allowed a criminal appeal against a grave and criminal assault conviction, finding the prosecution evidence too inconsistent and unreliable.

  • Grave and criminal assault
  • Procedural defects
  • Evidence assessment
  • Cross-examination
  • Charge particulars
  • Grave-and-criminal-assault
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Criminal law [2017] JCA 196

W -v- AG

W -v- AG [2017] JCA 196 (22 November 2017)

The Court of Appeal dismissed an appeal against conviction, holding there was no proper evidential basis to cross-examine a complainant about an alleged false rape complaint against another man.

  • Sexual offences
  • Cross-examination of complainants
  • Previous false complaints
  • Evidential basis for cross-examination
  • Appeals against conviction
  • Sexual-offences
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Criminal law [2017] JRC 111A

AG -v- W

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

Interlocutory sexual offence ruling on cross-examination and screens: some evidence about failure to complain and proven false allegations was allowed, but sexual-history material was excluded.

  • Sexual offences
  • Admissibility of evidence
  • Cross-examination
  • Use of screens
  • False allegations
  • Sexual-offences
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Administrative law [2017] JRC 040A

W -v- JFSC

W -v- JFSC [2017] JRC 040A (07 March 2017)

On a pre-trial review in an administrative appeal, the court refused further reasons, broad disclosure, and cross-examination, but allowed limited disclosure and affidavits.

  • Judicial review
  • Cross-examination
  • Disclosure
  • Affidavit evidence
  • Procedural fairness
  • Administrative-appeal
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.