R v Hawkins (No 6) [2020] NSWSC 1401

R v Hawkins (No 6) [2020] NSWSC 1401

The text messages from and to Ms Lethbridge's phone are relevant because they occurred during the period Mr Denniss was using the phone and involved evidence pertinent to the accused's and the deceased's tendencies, including threats and altercation context. Given their potential probative value, they are admissible.

Jurisdiction
Australia
Judgment Date
13 October 2020
Procedural Posture
Criminal / Ruling on Admissibility of Evidence During Trial
Outcome
Application to tender the complete extract of text messages (MFI 16) granted.
Legal Topics
['relevance of Evidence' 'tendency Evidence' 'admissibility of Text Messages']
['criminal Law' 'evidence'] ['relevance of Evidence' 'tendency Evidence' 'admissibility of Text Messages']

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 ["Whether the extract of text messages (MFI 16) from Taylah Lethbridge's phone on 30 November 2018 is admissible as relevant and tendency evidence"]

Ratio Decidendi

The text messages from and to Ms Lethbridge's phone are relevant because they occurred during the period Mr Denniss was using the phone and involved evidence pertinent to the accused's and the deceased's tendencies, including threats and altercation context. Given their potential probative value, they are admissible.

Court Disposition

Application to tender the complete extract of text messages (MFI 16) granted.

Orders

  • ["The complete extract of text messages (MFI 16) from Taylah Lethbridge's phone on 30 November 2018 between 6:56pm and 10:50pm can be tendered."]