R v Cliff [2018] NSWSC 78

The probative value of the crime scene photographs is not outweighed by any danger of unfair prejudice, and they are admissible in their entirety under s 137 of the Evidence Act.

Jurisdiction: Australia
Judgment Date: 05 February 2018
Procedural Posture: Criminal / Pre Trial Evidentiary Ruling
Outcome: Admissibility ruling: Evidence admitted
Legal Topics: ['admissibility of Evidence' 'crime Scene Photographs' 'unfair Prejudice' 'probative Value']

['criminal Law'] ['admissibility of Evidence' 'crime Scene Photographs' 'unfair Prejudice' 'probative Value']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

1 ['Whether crime scene photographs depicting the deceased are admissible under s 137 of Evidence Act 1995 (Cth)' 'Whether the probative value of the photographs is outweighed by the danger of unfair prejudice']

Ratio Decidendi

The probative value of the crime scene photographs is not outweighed by any danger of unfair prejudice, and they are admissible in their entirety under s 137 of the Evidence Act.

Court Disposition

Admissibility ruling: Evidence admitted

Orders

['The contents of MFI 1 are admissible in their entirety.' 'MFI 1 returned to Crown Prosecutor.']