R v Turnbull (No. 16) [2016] NSWSC 788

R v Turnbull (No. 16) [2016] NSWSC 788

Parts of the Land and Environment Court judgment and the attachment were admissible because the continuation of events after 25 June 2014 up to the 31 July 2014 decision, and the activities being carried out on Colorado on and before 29 July 2014, were relevant to issues in the murder trial. The s.91 objection did not prevent the modified tender because the reasoning and findings in paragraphs 1 to 10 were excluded, and the representation section was deleted to avoid distraction or irrelevant jury speculation.

Jurisdiction
Australia
Judgment Date
10 May 2016
Procedural Posture
Criminal Murder Trial Procedural Ruling / Crown Tender of Evidence in Chief Objected to by the Accused
Outcome
Parts of the judgment of the Land and Environment Court admitted into evidence, together with the attachment, in modified form.
Legal Topics
['murder Trial' 'relevance' 'evidence Act 1995 S.91' 'tender of Land and Environment Court Judgment' 'remedial Work Direction' 'redaction of Representation Details']
['criminal Law' 'evidence'] ['murder Trial' 'relevance' 'evidence Act 1995 S.91' 'tender of Land and Environment Court Judgment' 'remedial Work Direction' 'redaction of Representation Details']

Case Brief

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Procedural Posture

Criminal Murder Trial Procedural Ruling / Crown Tender of Evidence in Chief Objected to by the Accused

Legal Issues

  1. 1 ['Whether parts of the Land and Environment Court judgment of 31 July 2014 and an attachment to that judgment were relevant and admissible in the murder trial.' 'Whether s.91 Evidence Act 1995 prevented admission of the judgment material.' 'Whether the representation section on the Land and Environment Court judgment cover sheet should be deleted before the material was admitted.']

Ratio Decidendi

Parts of the Land and Environment Court judgment and the attachment were admissible because the continuation of events after 25 June 2014 up to the 31 July 2014 decision, and the activities being carried out on Colorado on and before 29 July 2014, were relevant to issues in the murder trial. The s.91 objection did not prevent the modified tender because the reasoning and findings in paragraphs 1 to 10 were excluded, and the representation section was deleted to avoid distraction or irrelevant jury speculation.

Court Disposition

Parts of the judgment of the Land and Environment Court admitted into evidence, together with the attachment, in modified form.

Orders

  • ['Admit a modified version of MFI47 deleting the representation section on the front page and deleting paragraphs 1 through to 10 in the body of the judgment itself, with part of paragraph 1 included after further submissions.' 'Admit MFI48, being the attachment to the order of 31 July 2014 containing a direction to...