R v Sparos [2018] NSWSC 755

The probative value of Mr Glover's unredacted letters is not outweighed by the danger of unfair prejudice to Mr Sparos, provided appropriate jury directions are given. However, the impressions recovered from the letters present a significant danger of unfair prejudice and invite speculation; therefore, their tender is rejected.

Jurisdiction: Australia
Judgment Date: 25 May 2018
Procedural Posture: Criminal / Procedural and Other Rulings
Outcome: Mr Glover's letters are admissible in unredacted form; the tender of impressions is rejected.
Legal Topics: ['exclusion of Evidence' 'unfair Prejudice' 'consciousness of Guilt' 'admissibility of Letters' 'jury Directions']

['evidence' 'criminal Law'] ['exclusion of Evidence' 'unfair Prejudice' 'consciousness of Guilt' 'admissibility of Letters' 'jury Directions']

Case Brief

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Procedural Posture

Criminal / Procedural and Other Rulings

Legal Issues

1 ['Whether the probative value of evidence (letters and impressions) is outweighed by the danger of unfair prejudice to the accused under s 137 of the Evidence Act 1995 (NSW)' 'Admissibility of letters written in gaol attempting to influence a Crown witness' 'Admissibility of impressions (impressions left on paper) from those letters']

Ratio Decidendi

Court Disposition

Mr Glover's letters are admissible in unredacted form; the tender of impressions is rejected.

Orders

["Mr Glover's letters can be used by the Crown in an unredacted form." 'The tender of impressions upon those letters is rejected.']