R v Haile [2023] NSWSC 167

R v Haile [2023] NSWSC 167

Tender of CCTV footage is refused as admitting it now would impose irreparable forensic disadvantage on the accused due to cross-examination decisions already made without knowledge of the footage and the original reasons for exclusion remain relevant.

Jurisdiction
Australia
Judgment Date
01 March 2023
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
The Crown's further application to tender CCTV footage from 30 October 2013 is refused.
Legal Topics
['evidence Admissibility' 'procedural Rulings']
['criminal Law'] ['evidence Admissibility' 'procedural Rulings']

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 / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether CCTV footage from 30 October 2013 should be admitted into evidence after previously being excluded pre-trial']

Ratio Decidendi

Tender of CCTV footage is refused as admitting it now would impose irreparable forensic disadvantage on the accused due to cross-examination decisions already made without knowledge of the footage and the original reasons for exclusion remain relevant.

Court Disposition

The Crown's further application to tender CCTV footage from 30 October 2013 is refused.

Orders

  • ["The Crown's application to tender CCTV footage is refused."]