R v HG; R v WE (No 8) [2018] NSWSC 1261

R v HG; R v WE (No 8) [2018] NSWSC 1261

While the photograph was relevant, its marginal probative value was outweighed by the danger of unfair prejudice, so it should be excluded under s 137 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Criminal / Evidentiary Ruling Prior to Trial or Verdict
Outcome
Objection upheld; evidence excluded
Legal Topics
['admissibility of Evidence' 'unfair Prejudice' 'relevance' 'exclusion of Evidence']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'unfair Prejudice' 'relevance' 'exclusion of Evidence']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling Prior to Trial or Verdict

Legal Issues

  1. 1 ['Whether a photograph of a mannequin wearing neck gaiters found with the accused should be admitted into evidence given arguments under s 137 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

While the photograph was relevant, its marginal probative value was outweighed by the danger of unfair prejudice, so it should be excluded under s 137 of the Evidence Act 1995 (NSW).

Court Disposition

Objection upheld; evidence excluded

Orders

  • ['The photograph of the mannequin wearing the neck gaiters is excluded from evidence.']