R v JH (No 2) [2014] NSWSC 1965

R v JH (No 2) [2014] NSWSC 1965

The evidence relating to the presence of a knife is relevant to the question of the intention of the accused and/or his group, capable of supporting an inference regarding violent intent; its probative value is not outweighed by the danger of unfair prejudice to the accused, and thus the application to exclude it is refused under s 137 of the Evidence Act 1995.

Parties
Crown: Regina; Accused: JH
Jurisdiction
Australia
Judgment Date
28 August 2014
Procedural Posture
Criminal / Interlocutory Application in Trial
Outcome
Application for exclusion of evidence is refused
Legal Topics
Admissibility of Evidence, Joint Criminal Enterprise, Unfair Prejudice, Probative Value
Evidence Criminal Law Admissibility of Evidence Joint Criminal Enterprise Unfair Prejudice Probative Value

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Parties

Regina

Crown

JH

Accused

Procedural Posture

Criminal / Interlocutory Application in Trial

Legal Issues

  1. 1 Whether evidence relating to a knife found in the vicinity of the crime scene should be excluded due to unfair prejudice under s 137 of the Evidence Act 1995

Ratio Decidendi

The evidence relating to the presence of a knife is relevant to the question of the intention of the accused and/or his group, capable of supporting an inference regarding violent intent; its probative value is not outweighed by the danger of unfair prejudice to the accused, and thus the application to exclude it is refused under s 137 of the Evidence Act 1995.

Court Disposition

Application for exclusion of evidence is refused