R v Hawkins (No 2) [2023] NSWSC 1407

R v Hawkins (No 2) [2023] NSWSC 1407

Although the timing and language of the message gave it some probative value as part of the prosecution circumstantial case, the message was emotive, had other possible explanations, and created a danger that the jury would misuse it by latching onto the apparent description of the accused as a "hitman" shortly before the killing. The danger of unfair prejudice outweighed its probative value, so the evidence was excluded.

Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Criminal Law Procedural Ruling on Evidence / Objection to Admissibility of Text Message Evidence
Outcome
The evidence of the text message saying "Sicaro Soldaro" (Hitman Soldier) is not admissible.
Legal Topics
['admissibility of Text Message Evidence' 'probative Value' 'unfair Prejudice' 'evidence Act 1995 (nsw), S 137']
['criminal Law' 'evidence'] ['admissibility of Text Message Evidence' 'probative Value' 'unfair Prejudice' 'evidence Act 1995 (nsw), S 137']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Procedural Ruling on Evidence / Objection to Admissibility of Text Message Evidence

Legal Issues

  1. 1 ['Whether evidence of a text message saying "Sicaro Soldaro" or "Sicario Soldado" sent from a phone number associated with Stuart Campbell to a phone number associated with Jason Paul Hawkins should be excluded under s 137 of the Evidence Act 1995 (NSW).' 'Whether the probative value arising from the timing and content of the message was outweighed by the danger of unfair prejudice to the accused.']

Ratio Decidendi

Although the timing and language of the message gave it some probative value as part of the prosecution circumstantial case, the message was emotive, had other possible explanations, and created a danger that the jury would misuse it by latching onto the apparent description of the accused as a "hitman" shortly before the killing. The danger of unfair prejudice outweighed its probative value, so the evidence was excluded.

Court Disposition

The evidence of the text message saying "Sicaro Soldaro" (Hitman Soldier) is not admissible.

Orders

  • ['The evidence of the text message saying "Sicaro Soldaro" is excluded.']