R v Jenkin (No 4) [2018] NSWSC 676

R v Jenkin (No 4) [2018] NSWSC 676

The challenged part of paragraph 10 of Exhibit F was admissible because it was relevant and had probative value in establishing possible connections between the accused and other alleged participants, and its potential prejudice was outweighed by the Crown's undertaking not to use it as bad character evidence, the accused's own case having put drug purchases from him to a witness, and the fact that the matter was being tried by a Judge alone.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Criminal Law / Procedural Ruling on Belated Objection to Admissibility of Part of Exhibit F During Judge Alone Trial
Outcome
The evidence in paragraph 10 of Exhibit F is admissible.
Legal Topics
['admissibility of Evidence' 'relevance' 'probative Value and Unfair Prejudice' 'bad Character Evidence' 'judge Alone Trial']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'probative Value and Unfair Prejudice' 'bad Character Evidence' 'judge Alone Trial']

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Procedural Posture

Criminal Law / Procedural Ruling on Belated Objection to Admissibility of Part of Exhibit F During Judge Alone Trial

Legal Issues

  1. 1 ['Whether the part of paragraph 10 of Exhibit F containing phone messages suggesting possible prohibited drug activity was relevant and admissible.' 'Whether the probative value of the evidence outweighed its potential prejudicial impact.']

Ratio Decidendi

The challenged part of paragraph 10 of Exhibit F was admissible because it was relevant and had probative value in establishing possible connections between the accused and other alleged participants, and its potential prejudice was outweighed by the Crown's undertaking not to use it as bad character evidence, the accused's own case having put drug purchases from him to a witness, and the fact that the matter was being tried by a Judge alone.

Court Disposition

The evidence in paragraph 10 of Exhibit F is admissible.

Orders

  • ['Exhibit F will remain in its current form notwithstanding the belated objection to part of paragraph 10.' 'The witness can continue to read his statement.']