R v Colless [2016] NSWSC 931

R v Colless [2016] NSWSC 931

The evidence concerning the alleged harassment incidents before the fatal event, and the accused's response, was relevant to issues joined between the Crown and the accused. Any incompleteness in Mr Harris's account of what the accused said and did did not create sufficient prejudice to justify rejecting the evidence, and the parties could address the jury about any inferences available from that evidence.

Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Criminal Law Evidence Ruling / Voir Dire Objection to Proposed Crown Witness Evidence
Outcome
The Court did not reject the evidence after it was clarified on the voir dire.
Legal Topics
['relevance' 'hearsay or Direct Observation' 'unfair Prejudice' 'voir Dire']
['criminal Law' 'evidence'] ['relevance' 'hearsay or Direct Observation' 'unfair Prejudice' 'voir Dire']

Case Brief

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Procedural Posture

Criminal Law Evidence Ruling / Voir Dire Objection to Proposed Crown Witness Evidence

Legal Issues

  1. 1 ["Whether the third sentence of paragraph 11 of Mr Max Harris's statement was based on direct observation or hearsay." 'Whether the evidence was relevant under s 55 of the Evidence Act 1995 (NSW).' 'Whether the evidence should be rejected because of prejudice to the accused under s 137 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

The evidence concerning the alleged harassment incidents before the fatal event, and the accused's response, was relevant to issues joined between the Crown and the accused. Any incompleteness in Mr Harris's account of what the accused said and did did not create sufficient prejudice to justify rejecting the evidence, and the parties could address the jury about any inferences available from that evidence.

Court Disposition

The Court did not reject the evidence after it was clarified on the voir dire.

Orders

  • ['The evidence was admitted.']