R v LN; R v AW (No. 4) [2017] NSWSC 221

R v LN; R v AW (No. 4) [2017] NSWSC 221

The probative value of the photographic and video evidence of Joseph prior to living with the accused is not outweighed by any danger of unfair prejudice; appropriate jury directions can manage emotive impact. The materials are relevant as they assist in assessing Joseph’s health, mobility and characteristics before being in the accused’s care.

Jurisdiction
Australia
Judgment Date
08 March 2017
Procedural Posture
Criminal Trial / Ruling on Admissibility of Evidence
Outcome
Objection dismissed. Video and photographs admitted.
Legal Topics
['murder' 'admissibility of Evidence' 'relevance' 'unfair Prejudice']
['criminal Law'] ['murder' 'admissibility of Evidence' 'relevance' 'unfair Prejudice']

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Procedural Posture

Criminal Trial / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether video and photographs of the child prior to living with the accused are admissible' 'Whether the evidence is relevant to issues in the trial' 'Whether the probative value is outweighed by the danger of unfair prejudice under s.137 Evidence Act 1995']

Ratio Decidendi

The probative value of the photographic and video evidence of Joseph prior to living with the accused is not outweighed by any danger of unfair prejudice; appropriate jury directions can manage emotive impact. The materials are relevant as they assist in assessing Joseph’s health, mobility and characteristics before being in the accused’s care.

Court Disposition

Objection dismissed. Video and photographs admitted.

Orders

  • ['The Crown is permitted to adduce in evidence before the jury the video recording (Exhibit VD1) and the six still photographs of Joseph.']