R v Rossi-Murray; R v Byrnes (No 2) [2019] NSWSC 480

R v Rossi-Murray; R v Byrnes (No 2) [2019] NSWSC 480

The video recording of Byrnes' ERISP had probative value as the best evidence enabling the jury to assess his demeanour, and any danger of unfair prejudice from the jury observing his conduct could be overcome by appropriate directions; therefore the probative value was not outweighed by the danger of unfair prejudice under s 137.

Jurisdiction
Australia
Judgment Date
02 May 2019
Procedural Posture
Criminal Evidence Ruling / Application Under S 137 of the Evidence Act 1995 (nsw) to Exclude the Video Component of an ERISP
Outcome
Application refused.
Legal Topics
['evidence Act 1995 (nsw), S 137' 'erisp' 'unfair Prejudice' 'probative Value' 'demeanour Evidence']
['criminal Law' 'evidence'] ['evidence Act 1995 (nsw), S 137' 'erisp' 'unfair Prejudice' 'probative Value' 'demeanour Evidence']

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Procedural Posture

Criminal Evidence Ruling / Application Under S 137 of the Evidence Act 1995 (nsw) to Exclude the Video Component of an ERISP

Legal Issues

  1. 1 ['Whether the video component of the ERISP of Bradley Byrnes should be excluded under s 137 of the Evidence Act 1995 (NSW).' "Whether the probative value of the video evidence was outweighed by the danger of unfair prejudice arising from the jury's possible adverse assessment of Byrnes' demeanour."]

Ratio Decidendi

The video recording of Byrnes' ERISP had probative value as the best evidence enabling the jury to assess his demeanour, and any danger of unfair prejudice from the jury observing his conduct could be overcome by appropriate directions; therefore the probative value was not outweighed by the danger of unfair prejudice under s 137.

Court Disposition

Application refused.

Orders

  • ['The application under s 137 of the Evidence Act 1995 (NSW) by the accused Byrnes is refused.']