R v Keli LANE [No 15] [2010] NSWSC 1542

R v Keli LANE [No 15] [2010] NSWSC 1542

The map was inadmissible because, given the absence of evidence identifying where the alleged murder occurred and the history of a withdrawn Crown suggestion about the Olympic site, its tender would create a real and prejudicial risk that the jury would speculate that the child was murdered and disposed of in one of the secluded areas shown on the map.

Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Criminal Proceeding / Procedural Ruling on Admissibility of Evidence During Trial
Outcome
Tender of the map rejected.
Legal Topics
['admissibility of Evidence' 'prejudicial Evidence' 'jury Speculation' 'final Address']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'prejudicial Evidence' 'jury Speculation' 'final Address']

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 Proceeding / Procedural Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 ['Whether the Crown should be permitted to tender a map to support an argument in final address that there were secluded areas near Auburn Hospital where the accused might have murdered her child.']

Ratio Decidendi

The map was inadmissible because, given the absence of evidence identifying where the alleged murder occurred and the history of a withdrawn Crown suggestion about the Olympic site, its tender would create a real and prejudicial risk that the jury would speculate that the child was murdered and disposed of in one of the secluded areas shown on the map.

Court Disposition

Tender of the map rejected.

Orders

  • ['The tender of the map should be rejected.']