R v Turnbull (No. 9) [2016] NSWSC 781

R v Turnbull (No. 9) [2016] NSWSC 781

The letter was not admitted because, at the time of the tender, the Court was unpersuaded that it was relevant and admissible under ss.55 and 56 Evidence Act 1995; its apparent seizure under the search warrant did not make it admissible, and there were fundamental difficulties with its relevance and potential use absent evidence from the Accused about his state of mind.

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Criminal Murder Trial / Procedural Evidentiary Ruling During Cross Examination on Defence Tender of Letter (mfi8)
Outcome
Defence tender of letter (MFI8) rejected.
Legal Topics
['admissibility of Evidence' 'relevance' "accused's State of Mind" 'client Legal Privilege' 'search Warrant']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' "accused's State of Mind" 'client Legal Privilege' 'search Warrant']

Case Brief

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Procedural Posture

Criminal Murder Trial / Procedural Evidentiary Ruling During Cross Examination on Defence Tender of Letter (mfi8)

Legal Issues

  1. 1 ["Whether a letter dated 4 July 2014 from the Accused's solicitor to the Accused was relevant and admissible in the murder trial." 'Whether the fact that the letter was apparently seized by police in execution of a search warrant rendered it admissible.' "Whether the letter could be admitted as evidence bearing on the Accused's state of mind, not as evidence of the truth of its contents."]

Ratio Decidendi

The letter was not admitted because, at the time of the tender, the Court was unpersuaded that it was relevant and admissible under ss.55 and 56 Evidence Act 1995; its apparent seizure under the search warrant did not make it admissible, and there were fundamental difficulties with its relevance and potential use absent evidence from the Accused about his state of mind.

Court Disposition

Defence tender of letter (MFI8) rejected.

Orders

  • ['Defence tender of letter (MFI8) rejected.']