R v Seller; R v McCarthy [2015] NSWSC 1298

R v Seller; R v McCarthy [2015] NSWSC 1298

The probative value of the letter and diagram is marginal and substantially outweighed by the danger of unfair prejudice, and they may be misleading or confusing in the context of the trial and the charges faced by the accused; therefore, their tender is rejected.

Jurisdiction
Australia
Judgment Date
04 September 2015
Procedural Posture
Criminal / Procedural Ruling on Tender of Evidence
Outcome
Tender rejected
Legal Topics
['evidence' 'probative Value' 'unfair Prejudice' 'tender of Documents']
['criminal Law'] ['evidence' 'probative Value' 'unfair Prejudice' 'tender of Documents']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Tender of Evidence

Legal Issues

  1. 1 ["Whether the letter and 'rough diagram' are relevant and admissible" 'Whether the probative value of the documents is substantially outweighed by the danger of unfair prejudice' 'Whether the documents might be misleading or confusing']

Ratio Decidendi

The probative value of the letter and diagram is marginal and substantially outweighed by the danger of unfair prejudice, and they may be misleading or confusing in the context of the trial and the charges faced by the accused; therefore, their tender is rejected.

Court Disposition

Tender rejected

Orders

  • ['Tender of letter and diagram refused']