R v Klein (No.7) [2008] NSWSC 339

R v Klein (No.7) [2008] NSWSC 339

The objection was overruled because the affidavit had probative value as the accused's own considered account, given to his solicitor, going directly to facts in issue, while the disclosed criminality was minor compared with the murder charge and the way the proceedings had unfolded made it difficult to see any risk of unfair prejudice warranting exclusion.

Jurisdiction
Australia
Judgment Date
04 April 2008
Procedural Posture
Criminal Trial for Murder / Procedural Ruling on Objection to Tender of an Affidavit Sworn by the Accused
Outcome
Objection overruled.
Legal Topics
['admissibility of Affidavit Sworn by Accused' 'unfair Prejudice' 'probative Value' 'evidence Act S 137']
['criminal Law' 'evidence'] ['admissibility of Affidavit Sworn by Accused' 'unfair Prejudice' 'probative Value' 'evidence Act S 137']

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling on Objection to Tender of an Affidavit Sworn by the Accused

Legal Issues

  1. 1 ['Whether the Crown should be permitted to tender an affidavit sworn by the accused.' "Whether disclosure in the affidavit of the accused's involvement in criminal conduct gave rise to a risk of unfair prejudice within the meaning of s 137 of the Evidence Act."]

Ratio Decidendi

The objection was overruled because the affidavit had probative value as the accused's own considered account, given to his solicitor, going directly to facts in issue, while the disclosed criminality was minor compared with the murder charge and the way the proceedings had unfolded made it difficult to see any risk of unfair prejudice warranting exclusion.

Court Disposition

Objection overruled.

Orders

  • ['Objection overruled.']