R v Turnbull (No. 19) [2016] NSWSC 793

R v Turnbull (No. 19) [2016] NSWSC 793

MFI78 contained conclusions, opinions or impressions attributed to the Accused and Grant Turnbull, rather than precise events, and senior counsel for the Accused did not tender it as evidence of the truth of the facts. In those circumstances, no admissible use for placing the letter before the jury was identified and nothing in the trial rendered the letter admissible, so the tender was rejected.

Jurisdiction
Australia
Judgment Date
17 May 2016
Procedural Posture
Criminal Murder Trial / Procedural and Other Ruling on Defence Tender of Letter During Evidence in Chief
Outcome
Tender of letter (MFI78) rejected.
Legal Topics
['murder Trial' "tender of Solicitor's Letter" 'admissibility of Opinions and Conclusions' 'communication With Member of New South Wales Parliament']
['criminal Law' 'evidence'] ['murder Trial' "tender of Solicitor's Letter" 'admissibility of Opinions and Conclusions' 'communication With Member of New South Wales Parliament']

Case Brief

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Procedural Posture

Criminal Murder Trial / Procedural and Other Ruling on Defence Tender of Letter During Evidence in Chief

Legal Issues

  1. 1 ['Whether the Accused should be permitted to tender a letter dated 30 April 2014 from Cole & Butler, solicitors, to the Honourable Kevin Humphries MP marked MFI78.' 'Whether the contents of MFI78, which included opinions and conclusions about conduct of Officers of the Environment and Heritage, were admissible when not tendered as evidence of the truth of the facts.']

Ratio Decidendi

MFI78 contained conclusions, opinions or impressions attributed to the Accused and Grant Turnbull, rather than precise events, and senior counsel for the Accused did not tender it as evidence of the truth of the facts. In those circumstances, no admissible use for placing the letter before the jury was identified and nothing in the trial rendered the letter admissible, so the tender was rejected.

Court Disposition

Tender of letter (MFI78) rejected.

Orders

  • ['The Court declined to admit MFI78.']