Regina v Patsalis & Spathis [No 5] [1999] NSWSC 745

Regina v Patsalis & Spathis [No 5] [1999] NSWSC 745

Detective Jacob's opinion, formed after hearing Mr Spathis' version, did not go to any real issue. Any relevance was so slight as to be substantially outweighed by the danger of unfair prejudice arising from the general revelations of what happened immediately after the interview.

Jurisdiction
Australia
Judgment Date
20 July 1999
Procedural Posture
Criminal Prosecution / Application to Lead Evidence Relating to Custody of Mr Spathis
Outcome
Application rejected
Legal Topics
['admissibility of Evidence' 'custody of Accused' 'unfair Prejudice' 'relevance']
['criminal Law' 'evidence' 'criminal Procedure'] ['admissibility of Evidence' 'custody of Accused' 'unfair Prejudice' 'relevance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution / Application to Lead Evidence Relating to Custody of Mr Spathis

Legal Issues

  1. 1 ['Whether Detective Jacob should be permitted to give evidence concerning instructions given to the Station Sergeant about placing Mr Spathis in protective custody and separating him from Mr Patsalis after the record of interview.']

Ratio Decidendi

Detective Jacob's opinion, formed after hearing Mr Spathis' version, did not go to any real issue. Any relevance was so slight as to be substantially outweighed by the danger of unfair prejudice arising from the general revelations of what happened immediately after the interview.

Court Disposition

Application rejected

Orders

  • ['The evidence is rejected.']