R v Keli LANE [No 6] [2010] NSWSC 1533

The evidence of the accused's drinking habits is of very low or no probative value to the charges, and poses a risk of unfair prejudice, so must be excluded under s 137 of the Evidence Act 1995.

Parties: Crown: Regina; Accused: Keli LANE
Jurisdiction: Australia
Judgment Date: 24 August 2010
Procedural Posture: Criminal / Evidentiary Ruling
Outcome: Application for exclusion of evidence granted
Legal Topics: Exclusion of Evidence, Probative Value Vs Prejudice, Section 137 Evidence Act

Criminal Law Evidence Exclusion of Evidence Probative Value Vs Prejudice Section 137 Evidence Act

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Parties

Regina

Crown

Keli LANE

Accused

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

1 Whether evidence of the accused's drinking habits should be excluded under s 137 of the Evidence Act 1995

Ratio Decidendi

The evidence of the accused's drinking habits is of very low or no probative value to the charges, and poses a risk of unfair prejudice, so must be excluded under s 137 of the Evidence Act 1995.

Court Disposition

Application for exclusion of evidence granted

Orders

Evidence of the accused's drinking habits excluded under s 137 of the Evidence Act 1995