R v Johnson (No 6) [2019] NSWSC 147

R v Johnson (No 6) [2019] NSWSC 147

The evidence summarised in MFI 20, including prior convictions and findings of fact, is excluded as inadmissible under s 91 of the Evidence Act 1995 (NSW), does not fall within established exceptions, is hearsay, and fails to overcome previous rulings on tendency evidence. Attempts to admit this evidence for a different purpose would undermine the statutory scheme governing admissibility and prejudice the fairness of the proceedings.

Jurisdiction
Australia
Judgment Date
13 February 2019
Procedural Posture
Criminal / Ruling on Admissibility of Evidence During Trial
Outcome
Proposed evidence as summarised in MFI 20 rejected as inadmissible.
Legal Topics
['hearsay Evidence' 'tendency Evidence' 'admissibility of Prior Convictions' 'statutory Interpretation']
['criminal Law' 'evidence Law'] ['hearsay Evidence' 'tendency Evidence' 'admissibility of Prior Convictions' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 ['Whether the proposed evidence summarised in MFI 20 is admissible' 'Whether hearsay rule or other exclusionary rules render the evidence inadmissible' 'Whether evidence of prior convictions or findings is admissible to prove knowledge or intention']

Ratio Decidendi

The evidence summarised in MFI 20, including prior convictions and findings of fact, is excluded as inadmissible under s 91 of the Evidence Act 1995 (NSW), does not fall within established exceptions, is hearsay, and fails to overcome previous rulings on tendency evidence. Attempts to admit this evidence for a different purpose would undermine the statutory scheme governing admissibility and prejudice the fairness of the proceedings.

Court Disposition

Proposed evidence as summarised in MFI 20 rejected as inadmissible.

Orders

  • ['Evidence as summarised in MFI 20 is rejected']