R v Rogerson; R v McNamara (No 47) [2016] NSWSC 470

R v Rogerson; R v McNamara (No 47) [2016] NSWSC 470

The evidence was rejected because there was no direct evidence that the letter was written by Mr Rees at the behest of Rogerson, which raised serious doubt as to relevance; even if relevance were assumed, its probative value was substantially outweighed by the danger of unfair prejudice to Rogerson, particularly because the document was capable of more than one interpretation.

Jurisdiction
Australia
Judgment Date
19 April 2016
Procedural Posture
Criminal Law Evidence Admissibility Ruling / Procedural and Other Rulings
Outcome
Evidence rejected.
Legal Topics
['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'duress']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'duress']

Case Brief

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Procedural Posture

Criminal Law Evidence Admissibility Ruling / Procedural and Other Rulings

Legal Issues

  1. 1 ['Whether evidence of parts of a letter said to have been received by McNamara in custody was relevant to the issue of duress.' 'Whether the evidence should be excluded under s. 135 of the Evidence Act 1995 (NSW) because its probative value was substantially outweighed by the danger of unfair prejudice to Rogerson.' 'Whether there was evidence that the letter was written at the behest of Rogerson.']

Ratio Decidendi

The evidence was rejected because there was no direct evidence that the letter was written by Mr Rees at the behest of Rogerson, which raised serious doubt as to relevance; even if relevance were assumed, its probative value was substantially outweighed by the danger of unfair prejudice to Rogerson, particularly because the document was capable of more than one interpretation.

Court Disposition

Evidence rejected.

Orders

  • ['The proposed evidence of parts of the contents of the letter was rejected.']