R v White & ors (No 7) [2012] NSWSC 471

R v White & ors (No 7) [2012] NSWSC 471

The evidence of large post-offence expenditure and use of false names was admissible because there was a sufficient evidentiary link between the drugs allegedly stolen from the deceased, drugs later seen or found in the possession of the accused, and the funds used for purchases in Victoria. It was open to the jury to infer that the stolen drugs were cut and sold and funded the purchases, making the evidence relevant to the accused Birkensleigh's alleged involvement in the robbery. The court was not persuaded that the probative value of the evidence was outweighed by any danger of unfair prejudice.

Jurisdiction
Australia
Judgment Date
28 March 2012
Procedural Posture
Criminal Proceeding / Application by the Accused Birkensleigh to Exclude Evidence of Post Offence Conduct
Outcome
Evidence admissible
Legal Topics
['post Offence Conduct' 'relevance' 'unfair Prejudice' 'admissibility of Evidence' 'robbery' 'accessory Before the Fact' 'accessory After the Fact']
['criminal Law' 'evidence'] ['post Offence Conduct' 'relevance' 'unfair Prejudice' 'admissibility of Evidence' 'robbery' 'accessory Before the Fact' 'accessory After the Fact']

Case Brief

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Procedural Posture

Criminal Proceeding / Application by the Accused Birkensleigh to Exclude Evidence of Post Offence Conduct

Legal Issues

  1. 1 ['Whether evidence of expenditure by the accused White and Birkensleigh in Victoria after the alleged robbery and murder was relevant.' 'Whether, if relevant, the probative value of the evidence was outweighed by unfair prejudice under s 137 of the Evidence Act 1995.' 'Whether the use of false names in making purchases was admissible with the evidence of the purchases.']

Ratio Decidendi

The evidence of large post-offence expenditure and use of false names was admissible because there was a sufficient evidentiary link between the drugs allegedly stolen from the deceased, drugs later seen or found in the possession of the accused, and the funds used for purchases in Victoria. It was open to the jury to infer that the stolen drugs were cut and sold and funded the purchases, making the evidence relevant to the accused Birkensleigh's alleged involvement in the robbery. The court was not persuaded that the probative value of the evidence was outweighed by any danger of unfair prejudice.

Court Disposition

Evidence admissible

Orders

  • ['The evidence is admissible.']