R v Cannon (No. 2) [2020] NSWDC 356

R v Cannon (No. 2) [2020] NSWDC 356

If the accused leads evidence of good character from the proposed witnesses, the Crown is permitted to adduce evidence of the connection between the accused's phone and certain websites, as detailed in the forensic report, for the purpose of rebutting good character evidence. The probative value of this rebuttal evidence is not substantially outweighed by unfair prejudice and is admissible under the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Criminal / Advance Ruling (voir Dire) Prior to Trial
Outcome
Advance ruling granted allowing both parties to adduce respective character evidence and rebuttal evidence if accused leads good character evidence.
Legal Topics
['character Evidence' 'advance Rulings' 'rebuttal Evidence']
['evidence Law' 'criminal Law'] ['character Evidence' 'advance Rulings' 'rebuttal Evidence']

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Procedural Posture

Criminal / Advance Ruling (voir Dire) Prior to Trial

Legal Issues

  1. 1 ['Whether the accused may adduce evidence of good character' "Whether the Crown may rebut accused's good character evidence with evidence of connection between accused's phone and certain websites"]

Ratio Decidendi

If the accused leads evidence of good character from the proposed witnesses, the Crown is permitted to adduce evidence of the connection between the accused's phone and certain websites, as detailed in the forensic report, for the purpose of rebutting good character evidence. The probative value of this rebuttal evidence is not substantially outweighed by unfair prejudice and is admissible under the Evidence Act 1995.

Court Disposition

Advance ruling granted allowing both parties to adduce respective character evidence and rebuttal evidence if accused leads good character evidence.

Orders

  • ['The Accused be allowed to lead evidence of good character from the witnesses proposed.' "The Crown be permitted to adduce the evidence of the connection between the Accused's phone and the websites referred to in this judgement, as contained in the report."]