R v Ronald Edward Medich (No. 14) [2017] NSWSC 80

R v Ronald Edward Medich (No. 14) [2017] NSWSC 80

The probative value of the evidence sought to be elicited in re-examination was low and largely restated evidence already before the jury. Allowing re-examination posed a significant risk of unfair prejudice by inviting the jury to engage in impermissible reasoning. Accordingly, re-examination was not permitted.

Jurisdiction
Australia
Judgment Date
14 February 2017
Procedural Posture
Criminal Trial / Procedural Ruling on Re Examination of Witness
Outcome
Re-examination not permitted
Legal Topics
['evidence' 're Examination' 'unfair Prejudice' 'probative Value']
['criminal Law'] ['evidence' 're Examination' 'unfair Prejudice' 'probative Value']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Re Examination of Witness

Legal Issues

  1. 1 ['Whether the probative value of evidence in proposed re-examination outweighed the danger of unfair prejudice to the accused']

Ratio Decidendi

The probative value of the evidence sought to be elicited in re-examination was low and largely restated evidence already before the jury. Allowing re-examination posed a significant risk of unfair prejudice by inviting the jury to engage in impermissible reasoning. Accordingly, re-examination was not permitted.

Court Disposition

Re-examination not permitted

Orders

  • []