R v Keli LANE [No 3] [2010] NSWSC 1530

R v Keli LANE [No 3] [2010] NSWSC 1530

The photographs taken at the Mercantile Hotel and the Lord Nelson Hotel were excluded because they had no relevant value in relation to the charges, invited the jury to draw unfair conclusions from selected snapshots about pregnancy or concealment, and raised a highly prejudicial and irrelevant topic of alleged alcohol consumption or intoxication during pregnancy. The first set of photographs, being those closest to the birth, was not excluded at this point.

Jurisdiction
Australia
Judgment Date
23 August 2010
Procedural Posture
Criminal Proceedings / Procedural Ruling on Admissibility of Photographic Evidence
Outcome
First set of photographs not excluded; photographs taken at the Mercantile Hotel and the Lord Nelson Hotel excluded.
Legal Topics
['admissibility of Photographic Evidence' 'relevance' 'unfair Prejudice' 'murder Charge']
['criminal Law' 'evidence'] ['admissibility of Photographic Evidence' 'relevance' 'unfair Prejudice' 'murder Charge']

Case Brief

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Procedural Posture

Criminal Proceedings / Procedural Ruling on Admissibility of Photographic Evidence

Legal Issues

  1. 1 ['Whether photographs of the accused taken near the birth should be admitted.' 'Whether photographs of the accused at the Mercantile Hotel and the Nelson Hotel should be admitted.' 'Whether evidence suggesting the accused consumed alcohol, consumed too much alcohol or became intoxicated during pregnancy was relevant to the murder charge or unfairly prejudicial.']

Ratio Decidendi

The photographs taken at the Mercantile Hotel and the Lord Nelson Hotel were excluded because they had no relevant value in relation to the charges, invited the jury to draw unfair conclusions from selected snapshots about pregnancy or concealment, and raised a highly prejudicial and irrelevant topic of alleged alcohol consumption or intoxication during pregnancy. The first set of photographs, being those closest to the birth, was not excluded at this point.

Court Disposition

First set of photographs not excluded; photographs taken at the Mercantile Hotel and the Lord Nelson Hotel excluded.

Orders

  • ['The second group of photographs should not be allowed in.' 'The photographs taken at the Mercantile Hotel and the Nelson Hotel are rejected.']