R v Fitzpatrick (No 6) [2019] NSWSC 977

R v Fitzpatrick (No 6) [2019] NSWSC 977

Mr Raneri's 3D visual reconstruction evidence exceeded the bounds of relevance, or at most was only marginally relevant, and its prejudicial effect far outweighed its probative value because there was a real risk the jury would misuse it to infer that shrapnel or screws from the blast were assembled like the nail package and that the accused was the perpetrator, where identity was the only real and substantial issue.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Criminal Procedure Admissibility of Evidence Ruling / Preliminary Ruling During Trial
Outcome
Mr Raneri's evidence is excluded by operation of s 137 of the Evidence Act.
Legal Topics
['admissibility of Evidence' 'exclusion of Prejudicial Evidence' 'relevance' 'unfair Prejudice' 'ied Evidence']
['criminal Procedure' 'evidence'] ['admissibility of Evidence' 'exclusion of Prejudicial Evidence' 'relevance' 'unfair Prejudice' 'ied Evidence']

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Procedural Posture

Criminal Procedure Admissibility of Evidence Ruling / Preliminary Ruling During Trial

Legal Issues

  1. 1 ['Whether the evidence of Crime Scene Officer Raneri concerning a 3D visual reconstruction of the nail package was relevant.' "Whether the probative value of Mr Raneri's evidence was outweighed by the danger of unfair prejudice to the accused under s 137 of the Evidence Act 1995 (NSW)."]

Ratio Decidendi

Mr Raneri's 3D visual reconstruction evidence exceeded the bounds of relevance, or at most was only marginally relevant, and its prejudicial effect far outweighed its probative value because there was a real risk the jury would misuse it to infer that shrapnel or screws from the blast were assembled like the nail package and that the accused was the perpetrator, where identity was the only real and substantial issue.

Court Disposition

Mr Raneri's evidence is excluded by operation of s 137 of the Evidence Act.

Orders

  • ["Mr Raneri's evidence is excluded by operation of s 137 of the Evidence Act."]