Case Caption: Jaglal vs. People of the Virgin Islands Case Number: SCT-Crim-2022-0033Date: 08/16/2024Author: Swan, Ive Arlington Citation: 2024 VI 28Summary: Defendant’s conviction for simple assault/domestic violence is affirmed; his conviction second-degree assault/ domestic violence is reversed. In a prosecution arising from an altercation between the victim and the apparently intoxicated defendant in a hotel room, the Superior Court plainly erred when it omitted “willfully” from the jury charge on the elements of second-degree assault, and relied on imperfect synonyms in another definitional instruction to function as a substitute for the omitted mens rea of “willfully.” This error unconstitutionally lowered the People’s burden of proof, causing prejudice to the defendant, and the judgment on that count is reversed. The improper admission of prejudicial testimony by the victim regarding telephone calls she received from the defendant’s mother was harmless error, and cumulatively the trial record contained ample evidence on which a reasonable jury could find defendant guilty of simple assault, thus the judgment on that count is affirmed, and the case is remanded.Attachment: Open Document or Opinion