R v Rogerson; R v McNamara (No 41) [2016] NSWSC 364

R v Rogerson; R v McNamara (No 41) [2016] NSWSC 364

The probative value of the late-served Crown evidence regarding the connection between the deceased and Peter Hoang was limited and outweighed by the danger of unfair prejudice to McNamara, as earlier disclosure could have affected forensic decisions in the conduct of the defence. Section 137 of the Evidence Act 1995 (NSW) mandates exclusion of such evidence.

Parties
Crown: Regina; Accused: Roger Caleb Rogerson; Accused: Glen Patrick McNamara
Jurisdiction
Australia
Judgment Date
31 March 2016
Procedural Posture
Criminal / Trial Ruling on Evidentiary Objection
Outcome
Evidence excluded under s.137 of the Evidence Act 1995 (NSW) due to unfair prejudice.
Legal Topics
Exclusion of Evidence, Unfair Prejudice, Late Disclosure, Forensic Decisions
Criminal Law Evidence Exclusion of Evidence Unfair Prejudice Late Disclosure Forensic Decisions

Case Brief

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Parties

Regina

Crown

Roger Caleb Rogerson

Accused

Glen Patrick McNamara

Accused

Procedural Posture

Criminal / Trial Ruling on Evidentiary Objection

Legal Issues

  1. 1 Whether evidence sought to be adduced by the Crown was unfairly prejudicial under s.137 of the Evidence Act 1995 (NSW) due to late disclosure.
  2. 2 Whether distinction exists between material known to police and the Crown for the purposes of disclosure.
  3. 3 Whether the probative value of the evidence outweighs its prejudicial effect.

Ratio Decidendi

The probative value of the late-served Crown evidence regarding the connection between the deceased and Peter Hoang was limited and outweighed by the danger of unfair prejudice to McNamara, as earlier disclosure could have affected forensic decisions in the conduct of the defence. Section 137 of the Evidence Act 1995 (NSW) mandates exclusion of such evidence.

Court Disposition

Evidence excluded under s.137 of the Evidence Act 1995 (NSW) due to unfair prejudice.

Orders

  • The Crown’s proposed evidence is excluded.