R v LN; R v AW (No. 7) [2017] NSWSC 296

R v LN; R v AW (No. 7) [2017] NSWSC 296

Given the evidence already before the jury and the relevance of the medical expert testimony to establishing the cause of death, the evidence of Dr Rodriguez should be allowed; it is relevant and its probative value is not outweighed by any prejudicial effect.

Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Objection dismissed; evidence allowed.
Legal Topics
['expert Evidence' 'evidence Admissibility' 'murder' 'procedural Ruling']
['criminal Law'] ['expert Evidence' 'evidence Admissibility' 'murder' 'procedural Ruling']

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Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ["Whether expert evidence given by Dr Rodriguez on the voir dire should be excluded from the Crown's case" 'Whether the probative value of the evidence is outweighed by its prejudicial effect under s.137 Evidence Act 1995']

Ratio Decidendi

Given the evidence already before the jury and the relevance of the medical expert testimony to establishing the cause of death, the evidence of Dr Rodriguez should be allowed; it is relevant and its probative value is not outweighed by any prejudicial effect.

Court Disposition

Objection dismissed; evidence allowed.

Orders

  • ['The evidence given by Dr Rodriguez on the voir dire may be adduced by the Crown.']