R v Scott (No 2) [2015] NSWSC 459

Procedural Posture

Criminal Prosecution / Procedural Ruling on Admissibility of Evidence During Trial

Legal Issues

1. 1 ['Whether letters between the accused and witness Kayla Houston were admissible as evidence relevant to consciousness of guilt.' 'Whether the prejudicial effect of the letters outweighed their probative value such that they should be excluded under s 135 of the Evidence Act 1995.' "Whether the letters were relevant to rebutting self-defence or any defence blaming Hayley Orchard and to assessing Kayla Houston's evidence."]

Ratio Decidendi

The letters had a high degree of probative value because they appeared to show an attempt by the accused to influence a significant witness during the trial, were capable of indicating consciousness of guilt, were relevant to rebutting possible defences, and assisted in assessing Kayla Houston's evidence. In the context of other admitted telephone intercept evidence of a similar nature, the letters did not add an unfair prejudicial effect sufficient to outweigh that probative value, so the discretion to exclude the evidence was not exercised.

Court Disposition

Letters between accused and witness admissible.

Orders

• ['The evidence of the letters was admitted.']