R v Barton [2006] NSWSC 1495

R v Barton [2006] NSWSC 1495

Although the fact, duration and financial extent of the blackmail were probative of motive, evidence of the subject matter of the blackmail had only limited additional probative value and created a real danger of unfair prejudice. There was a risk the jury would infer that the accused's misconduct went beyond the isolated incident, speculate about interference with the deceased's children, or reason impermissibly that a person prepared to sexually exploit one child was likely to have acted as alleged in counts 2 and 3. The possible emergence of provocation did not provide a sufficient foundation for admitting the evidence.

Jurisdiction
Australia
Judgment Date
08 June 2006
Procedural Posture
Criminal Proceeding; Accused Charged With Murder, Attempted Murder, and in the Alternative Maliciously Destroying Property Intending to Endanger Life / Objection to Crown Evidence Concerning the Subject Matter of Alleged Blackmail at Trial
Outcome
Objection upheld.
Legal Topics
['murder' 'self Defence' 'motive' 'blackmail' 'admissibility of Evidence' 'unfair Prejudice' 'section 137 of the Evidence Act']
['criminal Law' 'evidence'] ['murder' 'self Defence' 'motive' 'blackmail' 'admissibility of Evidence' 'unfair Prejudice' 'section 137 of the Evidence Act']

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Procedural Posture

Criminal Proceeding; Accused Charged With Murder, Attempted Murder, and in the Alternative Maliciously Destroying Property Intending to Endanger Life / Objection to Crown Evidence Concerning the Subject Matter of Alleged Blackmail at Trial

Legal Issues

  1. 1 ['Whether the Crown should be permitted to lead evidence of the subject matter of the alleged blackmail as motive for the accused to kill M.' 'Whether the probative value of evidence that the accused behaved, or attempted to behave, in a sexually inappropriate manner towards a young boy was outweighed by the danger of unfair prejudice to the accused under s 137 of the Evidence Act.' 'Whether possible issues of provocation justified admission of the impugned evidence.']

Ratio Decidendi

Although the fact, duration and financial extent of the blackmail were probative of motive, evidence of the subject matter of the blackmail had only limited additional probative value and created a real danger of unfair prejudice. There was a risk the jury would infer that the accused's misconduct went beyond the isolated incident, speculate about interference with the deceased's children, or reason impermissibly that a person prepared to sexually exploit one child was likely to have acted as alleged in counts 2 and 3. The possible emergence of provocation did not provide a sufficient foundation for admitting the evidence.

Court Disposition

Objection upheld.

Orders

  • ['Objection to evidence concerning subject matter of blackmail upheld.']