R v Keli LANE [No 2] [2010] NSWSC 1529

R v Keli LANE [No 2] [2010] NSWSC 1529

The evidence that there was an unalarmed fire stair and fire exit in reasonable proximity to the accused's room had probative value as evidence of an available opportunity to leave and did not create a sufficient risk of unfair prejudice if the jury were directed that it was not evidence that the accused actually used that exit. The photographs, however, would unduly emphasise the evidence and did not show the position as it stood in 1996.

Jurisdiction
Australia
Judgment Date
18 August 2010
Procedural Posture
Criminal Proceedings / Ruling on Application to Exclude Evidence Under S 137 Evidence Act
Outcome
Application to exclude Hanlon's evidence under s 137 refused; tender of photographs rejected.
Legal Topics
['exclusion of Evidence Under S 137' 'unfair Prejudice' 'probative Value' 'jury Directions' 'photographic Evidence']
['criminal Law' 'evidence'] ['exclusion of Evidence Under S 137' 'unfair Prejudice' 'probative Value' 'jury Directions' 'photographic Evidence']

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Procedural Posture

Criminal Proceedings / Ruling on Application to Exclude Evidence Under S 137 Evidence Act

Legal Issues

  1. 1 ['Whether evidence from Ann Marie Hanlon about a nearby fire stair and fire exit doors should be excluded under s 137 of the Evidence Act.' 'Whether photographs of the fire door stairs should be admitted.']

Ratio Decidendi

The evidence that there was an unalarmed fire stair and fire exit in reasonable proximity to the accused's room had probative value as evidence of an available opportunity to leave and did not create a sufficient risk of unfair prejudice if the jury were directed that it was not evidence that the accused actually used that exit. The photographs, however, would unduly emphasise the evidence and did not show the position as it stood in 1996.

Court Disposition

Application to exclude Hanlon's evidence under s 137 refused; tender of photographs rejected.

Orders

  • ['Evidence about the fire stair and fire exit doors was not excluded under section 137.' 'Tender of the photographs was rejected.']