R v Shane Gregory BLACKWELL (No 2) [2011] NSWDC 188

R v Shane Gregory BLACKWELL (No 2) [2011] NSWDC 188

The probative value of the evidence is high and there is no danger of unfair prejudice to the accused; it is not unfair to admit the accused's answer as an admission under the circumstances, even considering the accused's intoxication.

Parties
Prosecution: Regina; Accused: Shane Gregory Blackwell
Jurisdiction
Australia
Judgment Date
02 November 2011
Procedural Posture
Criminal / Judge Alone Trial; Evidentiary Ruling
Outcome
Objection overruled
Legal Topics
Maliciously Inflict Grievous Bodily Harm With Intent, Evidence—admission of Statements, Unfair Prejudice, Judicial Discretion
Criminal Law Maliciously Inflict Grievous Bodily Harm With Intent Evidence—admission of Statements Unfair Prejudice Judicial Discretion

Case Brief

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Parties

Regina

Prosecution

Shane Gregory Blackwell

Accused

Procedural Posture

Criminal / Judge Alone Trial; Evidentiary Ruling

Legal Issues

  1. 1 Whether the probative value of the accused's alleged admission is outweighed by the danger of unfair prejudice under s 137 Evidence Act 1995
  2. 2 Whether it would be unfair to admit the accused's alleged admission under s 90 Evidence Act 1995

Ratio Decidendi

The probative value of the evidence is high and there is no danger of unfair prejudice to the accused; it is not unfair to admit the accused's answer as an admission under the circumstances, even considering the accused's intoxication.

Court Disposition

Objection overruled