R v Warwick (No.35) [2018] NSWSC 1263

R v Warwick (No.35) [2018] NSWSC 1263

The evidence regarding the accused’s attitude to the Jehovah’s Witness faith is relevant and prima facie admissible. While the context may affect the weight attributed, and the use of descriptive words was not held to be so different from prior statements as to render the evidence inadmissible, the evidence’s probative effect substantially outweighs any unfair prejudice. Therefore, the evidence is admissible at this stage, but may be subject to review following further evidence.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Objection to the witness' answer declined; evidence admitted subject to review
Legal Topics
['admissibility of Evidence' 'examination in Chief' 'relevance of Evidence' 'prejudice Versus Probative Value']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'examination in Chief' 'relevance of Evidence' 'prejudice Versus Probative Value']

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether the witness’ evidence regarding the accused’s attitude to the Jehovah’s Witness faith is admissible' 'Whether the probative value of the evidence outweighs any prejudicial effect']

Ratio Decidendi

The evidence regarding the accused’s attitude to the Jehovah’s Witness faith is relevant and prima facie admissible. While the context may affect the weight attributed, and the use of descriptive words was not held to be so different from prior statements as to render the evidence inadmissible, the evidence’s probative effect substantially outweighs any unfair prejudice. Therefore, the evidence is admissible at this stage, but may be subject to review following further evidence.

Court Disposition

Objection to the witness' answer declined; evidence admitted subject to review

Orders

  • ["(1) Decline to strike out the witness' answer." '(2) Crown permitted to lead evidence on subject matters described in the course of submissions.']