R v Rogerson; R v McNamara (No 15) [2015] NSWSC 1892

R v Rogerson; R v McNamara (No 15) [2015] NSWSC 1892

Evidence of McNamara's presence at the firing range on 13 May 2014 is relevant because it was shortly before the alleged offence, but the photographs add little and pose a risk of unfair prejudice, so they must be excluded. Evidence relating to his attendance on 22 May 2014, occurring after the alleged murder, is not relevant and any minor relevance is outweighed by the risk of prejudice; thus, it too must be excluded.

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Criminal / Pre Trial Ruling on Evidentiary Issues
Outcome
Orders excluding certain evidence granted
Legal Topics
['exclusion of Evidence' 'relevance' 'unfair Prejudice']
['criminal Law' 'evidence'] ['exclusion of Evidence' 'relevance' 'unfair Prejudice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pre Trial Ruling on Evidentiary Issues

Legal Issues

  1. 1 ["Whether evidence relating to McNamara's attendance at a firing range before and after the murder is admissible" "Whether photographs of McNamara's attendance at the firing range should be admitted into evidence"]

Ratio Decidendi

Evidence of McNamara's presence at the firing range on 13 May 2014 is relevant because it was shortly before the alleged offence, but the photographs add little and pose a risk of unfair prejudice, so they must be excluded. Evidence relating to his attendance on 22 May 2014, occurring after the alleged murder, is not relevant and any minor relevance is outweighed by the risk of prejudice; thus, it too must be excluded.

Court Disposition

Orders excluding certain evidence granted

Orders

  • ['Evidence of photographs of the attendance of McNamara at the firearms range on 13 May 2014 is excluded.' 'Evidence of the attendance of McNamara at the firearms range on 22 May 2014, including associated photographs, is excluded.']