R v Kelsall (No 2) [2015] NSWSC 252

R v Kelsall (No 2) [2015] NSWSC 252

The proposed side-by-side presentation of CCTV footage was admissible because the judge, having viewed the footage, was not satisfied that its manner of presentation was prejudicial to the accused; the footage merely showed where the deceased and accused were during the relevant time, involved no interaction between them, and exact synchronisation was not essential given the minimal significance of those parts of the footage.

Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Criminal Law Evidence Admissibility Ruling / Procedural and Other Ruling on Admissibility of CCTV Footage
Outcome
CCTV footage admissible.
Legal Topics
['admissibility of CCTV Footage' 'side by Side Presentation of CCTV Footage' 'prejudice to Accused']
['criminal Law' 'evidence'] ['admissibility of CCTV Footage' 'side by Side Presentation of CCTV Footage' 'prejudice to Accused']

Case Brief

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Procedural Posture

Criminal Law Evidence Admissibility Ruling / Procedural and Other Ruling on Admissibility of CCTV Footage

Legal Issues

  1. 1 ['Whether CCTV footage from two sources could be presented side by side to the jury.' 'Whether presenting CCTV footage side by side would be prejudicial to the accused or capable of misuse by the jury.' 'Whether exact synchronisation of the two pieces of CCTV footage was essential for admissibility.']

Ratio Decidendi

The proposed side-by-side presentation of CCTV footage was admissible because the judge, having viewed the footage, was not satisfied that its manner of presentation was prejudicial to the accused; the footage merely showed where the deceased and accused were during the relevant time, involved no interaction between them, and exact synchronisation was not essential given the minimal significance of those parts of the footage.

Court Disposition

CCTV footage admissible.

Orders

  • ['The disc which contains CCTV footage, some of which shows footage from two sources displayed side by side, is admissible.']