R v Hunter (No 9) [2014] NSWSC 1152
The probative value of both photographs was reasonably high because the accused did not concede that the principal or principals intended to inflict really serious physical injury, making the details of the injuries an important part of the Crown case. Although there was a danger of unfair prejudice, the Court was not satisfied that the danger outweighed the probative value of the photographs.
- Jurisdiction
- Australia
- Judgment Date
- 11 July 2014
- Procedural Posture
- Criminal Proceeding / Interlocutory Application Concerning Admissibility of Evidence
- Outcome
- Objection dismissed; photographs admitted.
- Legal Topics
- ['admissibility of Post Mortem Photographs' 'probative Value' 'unfair Prejudice' 'evidence Act 1995 (nsw), S 137']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Proceeding / Interlocutory Application Concerning Admissibility of Evidence
Legal Issues
- 1 ['Whether the probative value of two post-mortem photographs was outweighed by the danger of unfair prejudice to the accused under s 137 of the Evidence Act 1995 (NSW).']
Ratio Decidendi
The probative value of both photographs was reasonably high because the accused did not concede that the principal or principals intended to inflict really serious physical injury, making the details of the injuries an important part of the Crown case. Although there was a danger of unfair prejudice, the Court was not satisfied that the danger outweighed the probative value of the photographs.
Court Disposition
Objection dismissed; photographs admitted.
Orders
- ['The two photographs will be admitted into evidence.']
Full Case Text
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