R (Cth) v Mohr (No. 3) [2020] NSWSC 1939

R (Cth) v Mohr (No. 3) [2020] NSWSC 1939

The photographs at pages 14 and 16 of exhibit VDH are not unfairly prejudicial and have some probative value even in light of the accused's willingness to admit the facts; s 137 is not engaged and therefore the photographs are admitted. The photograph in exhibit VDJ poses a risk of prejudice but can be admitted if cropped below the chin to remove suggestive elements, thus balancing probative value and the danger of unfair prejudice.

Parties
Crown: Regina; Accused: Darren Mohr
Jurisdiction
Australia
Judgment Date
24 February 2020
Procedural Posture
Criminal Trial / Interlocutory Evidentiary Ruling at Trial
Outcome
Photographs admitted into evidence (with condition)
Legal Topics
Conspiracy to Import a Commercial Quantity of a Border Controlled Drug, Admissibility of Evidence, Unfair Prejudice, Evidence Act S 137
Criminal Law Conspiracy to Import a Commercial Quantity of a Border Controlled Drug Admissibility of Evidence Unfair Prejudice Evidence Act S 137

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Parties

Regina

Crown

Darren Mohr

Accused

Procedural Posture

Criminal Trial / Interlocutory Evidentiary Ruling at Trial

Legal Issues

  1. 1 Whether the photographs of the accused are admissible as evidence given potential unfair prejudice under s 137 Evidence Act 1995 (NSW)

Ratio Decidendi

The photographs at pages 14 and 16 of exhibit VDH are not unfairly prejudicial and have some probative value even in light of the accused's willingness to admit the facts; s 137 is not engaged and therefore the photographs are admitted. The photograph in exhibit VDJ poses a risk of prejudice but can be admitted if cropped below the chin to remove suggestive elements, thus balancing probative value and the danger of unfair prejudice.

Court Disposition

Photographs admitted into evidence (with condition)

Orders

  • Photographs at pages 14 and 16 of exhibit VDH admitted into evidence.
  • Photograph in exhibit VDJ to be admitted if cropped below the chin as described.