R v Fitzpatrick (No 2) [2019] NSWSC 836

R v Fitzpatrick (No 2) [2019] NSWSC 836

The materials are admissible because they provide evidence relevant to the accused's knowledge of improvised explosive devices, which is pertinent to whether he had the requisite capacity and opportunity to commit the offence, and are not exclusively tendency evidence requiring satisfaction of Pt 3.6 Evidence Act 1995. Risks of misuse can be effectively mitigated by judicial directions.

Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Criminal / Ruling on Admissibility of Evidence (voir Dire) Prior to Jury Empanelment
Outcome
Application to admit evidence allowed
Legal Topics
['admissibility of Evidence' 'tendency Evidence' 'circumstantial Evidence' 'evidence Act 1995 (nsw)']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'tendency Evidence' 'circumstantial Evidence' 'evidence Act 1995 (nsw)']

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence (voir Dire) Prior to Jury Empanelment

Legal Issues

  1. 1 ['Admissibility of Exhibit Voir Dire 1 (documents on explosive devices) under Evidence Act 1995 (NSW)' 'Admissibility of nail package as evidence of state of mind/knowledge' 'Whether materials should be characterised and treated as tendency evidence' 'Risk of misuse or undue prejudice if evidence admitted']

Ratio Decidendi

The materials are admissible because they provide evidence relevant to the accused's knowledge of improvised explosive devices, which is pertinent to whether he had the requisite capacity and opportunity to commit the offence, and are not exclusively tendency evidence requiring satisfaction of Pt 3.6 Evidence Act 1995. Risks of misuse can be effectively mitigated by judicial directions.

Court Disposition

Application to admit evidence allowed

Orders

  • ['The material constituting Exhibit Voir Dire 1 is admissible' 'The nail package depicted in photographs annexed to Exhibit Voir Dire 4 is admissible']