R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 211

R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 211

The photographs were admissible because, although their relevance was limited when viewed alone, they became relevant in the context of proposed text message evidence; the tattoos were not offensive and did not suggest a predisposition to violence or criminal conduct, so no unfair prejudice arose; and the photograph was not likely to mislead the jury about Mr Bentley's physique between the alleged events and the later photograph.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Criminal Evidence Ruling / Ex Tempore Procedural Ruling on Admissibility of Photographs
Outcome
Photographs of Mr Bentley's tattoos are admissible.
Legal Topics
['relevance' 'unfair Prejudice' 'admissibility of Photographs' 'tattoo Evidence']
['criminal Law' 'evidence'] ['relevance' 'unfair Prejudice' 'admissibility of Photographs' 'tattoo Evidence']

Case Brief

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Procedural Posture

Criminal Evidence Ruling / Ex Tempore Procedural Ruling on Admissibility of Photographs

Legal Issues

  1. 1 ["Whether photographs of Mr Bentley's tattooed torso were relevant in the context of proposed text message evidence." 'Whether any probative value or relevance of the photographs was outweighed by unfair prejudice to Mr Bentley or the accused generally.' "Whether the photograph of Mr Bentley's torso was capable of misleading the jury about his physique at the time of the alleged events."]

Ratio Decidendi

The photographs were admissible because, although their relevance was limited when viewed alone, they became relevant in the context of proposed text message evidence; the tattoos were not offensive and did not suggest a predisposition to violence or criminal conduct, so no unfair prejudice arose; and the photograph was not likely to mislead the jury about Mr Bentley's physique between the alleged events and the later photograph.

Court Disposition

Photographs of Mr Bentley's tattoos are admissible.

Orders

  • ['The proposed tender of the two photographs was allowed.']