Regina v A S Moffatt [No 2] [1999] NSWSC 226

Regina v A S Moffatt [No 2] [1999] NSWSC 226

The probative value of the ERISP interview and transcript is not substantially outweighed by the danger of unfair prejudice to the accused, nor is it misleading or confusing; therefore, the evidence is admissible under sections 135 and 137 of the Evidence Act.

Jurisdiction
Australia
Judgment Date
18 March 1999
Procedural Posture
Criminal / Application on Admissibility of ERISP Interview
Outcome
Application to exclude ERISP interview refused; interview and transcript admitted as evidence.
Legal Topics
['practice & Procedure' 'admissibility of Evidence' 'probative Value']
['criminal Law'] ['practice & Procedure' 'admissibility of Evidence' 'probative Value']

Case Brief

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Procedural Posture

Criminal / Application on Admissibility of ERISP Interview

Legal Issues

  1. 1 ['Whether the record of interview (ERISP) should be admitted into evidence under ss 135 and 137 of the Evidence Act due to concerns about probative value and unfair prejudice']

Ratio Decidendi

The probative value of the ERISP interview and transcript is not substantially outweighed by the danger of unfair prejudice to the accused, nor is it misleading or confusing; therefore, the evidence is admissible under sections 135 and 137 of the Evidence Act.

Court Disposition

Application to exclude ERISP interview refused; interview and transcript admitted as evidence.

Orders

  • ['The ERISP interview and transcript are admitted into evidence.']