R v MEYN, John Michael (No 3) [2012] NSWSC 1467

R v MEYN, John Michael (No 3) [2012] NSWSC 1467

The probative value of photographs 24 and 25, depicting the deceased in situ and relevant to issues of intent, self-defence, and factual disputes, was not outweighed by the risk of unfair prejudice, as their prejudicial effect was limited and not unduly disturbing.

Jurisdiction
Australia
Judgment Date
28 November 2012
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Objection to tender of photographs 24 and 25 overruled; photographs allowed into evidence.
Legal Topics
['evidence' 'admissibility of Photographs' 'unfair Prejudice Versus Probative Value']
['criminal Law'] ['evidence' 'admissibility of Photographs' 'unfair Prejudice Versus Probative Value']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether photographs of the deceased should be admitted into evidence given the alleged prejudicial effect outweighing probative value under s 137 of the Evidence Act 1995']

Ratio Decidendi

The probative value of photographs 24 and 25, depicting the deceased in situ and relevant to issues of intent, self-defence, and factual disputes, was not outweighed by the risk of unfair prejudice, as their prejudicial effect was limited and not unduly disturbing.

Court Disposition

Objection to tender of photographs 24 and 25 overruled; photographs allowed into evidence.

Orders

  • ['Photographs 24 and 25 admitted into evidence.']