R v Klein (No.2) [2008] NSWSC 335

R v Klein (No.2) [2008] NSWSC 335

Reference to drug abuse in the accused's interview is of minimal probative value to trial issues but carries a high risk of prejudice, as the jury may form an adverse view of the accused as a drug user. Thus, under s 137 of the Evidence Act, the objection is upheld and that part of the interview is excluded.

Jurisdiction
Australia
Judgment Date
02 April 2008
Procedural Posture
Criminal Trial / Ruling on Evidentiary Objection
Outcome
Objection upheld
Legal Topics
['objection to Admissibility of Interview Evidence' 'admissibility of Evidence Under S 137 Evidence Act']
['criminal Law' 'evidence Law'] ['objection to Admissibility of Interview Evidence' 'admissibility of Evidence Under S 137 Evidence Act']

Case Brief

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Procedural Posture

Criminal Trial / Ruling on Evidentiary Objection

Legal Issues

  1. 1 ["Whether parts of the accused's interview with police are inadmissible under s 137 of the Evidence Act due to prejudicial effect"]

Ratio Decidendi

Reference to drug abuse in the accused's interview is of minimal probative value to trial issues but carries a high risk of prejudice, as the jury may form an adverse view of the accused as a drug user. Thus, under s 137 of the Evidence Act, the objection is upheld and that part of the interview is excluded.

Court Disposition

Objection upheld

Orders

  • ["Objection to part of accused's interview evidence upheld; those portions are excluded."]