R v Turnbull (No. 22) [2016] NSWSC 801

R v Turnbull (No. 22) [2016] NSWSC 801

The document MFI83 was rejected because there was no evidence it came into the Accused's possession or that he took it into account. The evidence of the conversation was disallowed because admitting statements not put to the Accused in his evidence would be unfair and there already existed direct evidence from the Accused regarding what was said to him and its effect.

Parties
Crown: Regina; Accused: Ian Robert Turnbull
Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Criminal Trial (murder) / Interlocutory Evidentiary Ruling During Trial
Outcome
Objection upheld; evidence excluded.
Legal Topics
Evidentiary Rulings, Admissibility of Documents, Admissibility of Conversations
Criminal Law Evidentiary Rulings Admissibility of Documents Admissibility of Conversations

Case Brief

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Parties

Regina

Crown

Ian Robert Turnbull

Accused

Procedural Posture

Criminal Trial (murder) / Interlocutory Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether the document MFI83 could be tendered as evidence
  2. 2 Whether oral evidence of a conversation between Ms Simmons and the Accused was admissible

Ratio Decidendi

The document MFI83 was rejected because there was no evidence it came into the Accused's possession or that he took it into account. The evidence of the conversation was disallowed because admitting statements not put to the Accused in his evidence would be unfair and there already existed direct evidence from the Accused regarding what was said to him and its effect.

Court Disposition

Objection upheld; evidence excluded.

Orders

  • Tender of document (MFI83) rejected
  • Evidence of conversation between Ms Simmons and the Accused disallowed