R v Martin (No 6) [2017] NSWSC 1344

R v Martin (No 6) [2017] NSWSC 1344

Although the proposed tape evidence and demonstrations were relevant to the credibility of the accused's account, the police simulation and the proposed in-court demonstration did not satisfactorily reproduce the circumstances asserted by the accused, including the position, number and tightness of bindings, his alleged head injury, and the stress and panic of the incident. Their probative value was substantially outweighed by the danger of misleading the jury and causing unfair prejudice, and inviting the jury to handle and tear the tape risked placing the jury in an investigative role rather than that of impartial arbiters.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Criminal Trial Evidentiary Ruling / Crown Application to Tender Evidence and Conduct Demonstrations Concerning Tape During Trial
Outcome
The accused's objections were upheld and the Crown's proposed evidence and demonstrations were refused.
Legal Topics
['admissibility of Demonstrations or Experiments' 'probative Value and Unfair Prejudice' 'jury Experiments' "credibility of Accused's Account"]
['criminal Law' 'evidence'] ['admissibility of Demonstrations or Experiments' 'probative Value and Unfair Prejudice' 'jury Experiments' "credibility of Accused's Account"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial Evidentiary Ruling / Crown Application to Tender Evidence and Conduct Demonstrations Concerning Tape During Trial

Legal Issues

  1. 1 ['Whether evidence of the police simulation, experiment or demonstration about the accused being bound with tape, and opinions based on it, was admissible.' 'Whether Detective Edmonds could be bound with tape in the witness box and asked to demonstrate extricating himself.' 'Whether the jury could be invited to handle and tear the tape.' 'Whether the probative value of the proposed evidence or demonstrations was substantially outweighed by the danger of misleading the jury or unfair prejudice to the accused.']

Ratio Decidendi

Although the proposed tape evidence and demonstrations were relevant to the credibility of the accused's account, the police simulation and the proposed in-court demonstration did not satisfactorily reproduce the circumstances asserted by the accused, including the position, number and tightness of bindings, his alleged head injury, and the stress and panic of the incident. Their probative value was substantially outweighed by the danger of misleading the jury and causing unfair prejudice, and inviting the jury to handle and tear the tape risked placing the jury in an investigative role rather than that of impartial arbiters.

Court Disposition

The accused's objections were upheld and the Crown's proposed evidence and demonstrations were refused.

Orders

  • ['Evidence of the simulation, experiment or demonstration carried out and recorded by investigating police on 10 December 2014, and the opinions proffered as a result, is not admissible.' 'The proposed demonstration whereby Detective Edmonds would be bound with tape in the witness box and asked to attempt to...