R v White & ors (No 2) [2012] NSWSC 466

R v White & ors (No 2) [2012] NSWSC 466

The evidence relating to the purchase of cable ties is admissible as it is open to the jury to infer both that Birkensleigh made the purchase and that the cable ties were used in the alleged murder; relevance is established and no other ground for exclusion is made out.

Parties
Prosecution: Regina; Accused: Rodney Boyd White; Accused: Todd Andrew Serone; Accused: Jessica Tess Birkensleigh
Jurisdiction
Australia
Judgment Date
21 March 2012
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
Evidence admissible
Legal Topics
Admissibility of Evidence, Circumstantial Evidence, Homicide
Criminal Law Admissibility of Evidence Circumstantial Evidence Homicide

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Parties

Regina

Prosecution

Rodney Boyd White

Accused

Todd Andrew Serone

Accused

Jessica Tess Birkensleigh

Accused

Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether evidence of purchase of cable ties by Birkensleigh is admissible
  2. 2 Whether there is evidence linking the purchase to the accused and the murder

Ratio Decidendi

The evidence relating to the purchase of cable ties is admissible as it is open to the jury to infer both that Birkensleigh made the purchase and that the cable ties were used in the alleged murder; relevance is established and no other ground for exclusion is made out.

Court Disposition

Evidence admissible