R v Macdonald; R v Maitland (No3) [2017] NSWSC 722

R v Macdonald; R v Maitland (No3) [2017] NSWSC 722

The probative value of the objected parts of document 73-0300 is substantial and outweighs any danger of unfair prejudice, which is considered relatively remote. The document may properly be read as consistent with the Crown case and falls within the reliable business records exception.

Jurisdiction
Australia
Judgment Date
30 January 2017
Procedural Posture
Criminal / Procedural Ruling on Evidence Admissibility
Outcome
Objection overruled; objected parts of document admitted into evidence.
Legal Topics
['admissibility of Evidence' 'unfair Prejudice' 'business Records Exception' 'hearsay']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'unfair Prejudice' 'business Records Exception' 'hearsay']

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Procedural Posture

Criminal / Procedural Ruling on Evidence Admissibility

Legal Issues

  1. 1 ['Whether the probative value of the objected parts of document 73-0300 is outweighed by the danger of unfair prejudice under s 137 Evidence Act 1995 (NSW)' 'Whether the document is a reliable business record under s 69 Evidence Act 1995 (NSW)']

Ratio Decidendi

The probative value of the objected parts of document 73-0300 is substantial and outweighs any danger of unfair prejudice, which is considered relatively remote. The document may properly be read as consistent with the Crown case and falls within the reliable business records exception.

Court Disposition

Objection overruled; objected parts of document admitted into evidence.

Orders

  • ["Allow the parts of document 73-0300 objected to on behalf of Mr Maitland, being the passage beginning with the initials 'CR' on page 300 down to 'it can stand alone' on page 301."]