R v Xie (No 5) [2015] NSWSC 2118

R v Xie (No 5) [2015] NSWSC 2118

The CAD plans showing shoe mark impressions were not admitted at this time because the accused's challenge to their reliability, positioning, direction and completeness required the probative value of the plans to be tested through the evidence of the relevant crime scene and related witnesses, and provisional admission was inappropriate given the submission that the plans may be wholly unreliable and may not ultimately be admitted.

Jurisdiction
Australia
Judgment Date
24 March 2015
Procedural Posture
Criminal Ruling / Ruling on Admissibility of Computer Aided Diagrams During Trial
Outcome
Evidence not admitted at this time; CAD plans showing shoe mark impressions not provisionally admitted.
Legal Topics
['admissibility of Computer Aided Diagrams' 'jury Comprehension Aids' 'shoe Print Impression Evidence' 'provisional Admission of Evidence']
['criminal Law' 'evidence'] ['admissibility of Computer Aided Diagrams' 'jury Comprehension Aids' 'shoe Print Impression Evidence' 'provisional Admission of Evidence']

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Procedural Posture

Criminal Ruling / Ruling on Admissibility of Computer Aided Diagrams During Trial

Legal Issues

  1. 1 ["Whether CAD plans showing or purporting to show the relative positioning and direction of shoe print impressions should be admitted under s 29(4) of the Evidence Act 1995 (NSW) as evidence likely to aid the jury's comprehension." 'Whether the CAD plans showing shoe print impressions should be provisionally admitted under s 57 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

The CAD plans showing shoe mark impressions were not admitted at this time because the accused's challenge to their reliability, positioning, direction and completeness required the probative value of the plans to be tested through the evidence of the relevant crime scene and related witnesses, and provisional admission was inappropriate given the submission that the plans may be wholly unreliable and may not ultimately be admitted.

Court Disposition

Evidence not admitted at this time; CAD plans showing shoe mark impressions not provisionally admitted.

Orders

  • ['The objection to CAD plans numbered 1, 2, 4, 5, 10, 13 and 16 showing or purporting to show the relative positioning and direction of shoe print impressions was accepted.' 'The evidence was not provisionally admitted under s 57 of the Evidence Act 1995 (NSW).']