R v Darcy (No 3) [2021] NSWSC 594

R v Darcy (No 3) [2021] NSWSC 594

The evidence concerning the DVD and oral statements regarding the inspection of the chimney three and a half months after Mr Dunbar's death is not relevant as it does not rationally affect the probability of the existence of the fact in issue, namely whether smoke activated the alarm on the night of 1–2 August 2017, and even if it were relevant its minimal probative value is substantially outweighed by prejudicial and misleading dangers justifying exclusion.

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Criminal / Procedural Ruling During Murder Trial
Outcome
Evidence excluded as inadmissible
Legal Topics
['admissibility of Evidence' 'discretion to Exclude Evidence' 'relevance of Evidence']
['evidence Law' 'criminal Law'] ['admissibility of Evidence' 'discretion to Exclude Evidence' 'relevance of Evidence']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling During Murder Trial

Legal Issues

  1. 1 ['Whether the DVD recording and lay observational evidence about creosote found in the chimney at Pandora on 18 November 2017 are admissible' "Whether the evidence is relevant to the accused's account concerning smoke alarm activation"]

Ratio Decidendi

The evidence concerning the DVD and oral statements regarding the inspection of the chimney three and a half months after Mr Dunbar's death is not relevant as it does not rationally affect the probability of the existence of the fact in issue, namely whether smoke activated the alarm on the night of 1–2 August 2017, and even if it were relevant its minimal probative value is substantially outweighed by prejudicial and misleading dangers justifying exclusion.

Court Disposition

Evidence excluded as inadmissible

Orders

  • ['The DVD taken on 18 November 2017 and observations of Mr Carey made on 18 November 2017 set out in his statement of 27 November 2017 regarding the chimney at Pandora are not admissible.']