R v Weston (No 2) [2017] NSWSC 1384

R v Weston (No 2) [2017] NSWSC 1384

The schedule of telephone records is relevant and highly probative, particularly as corroboration of Witness G's evidence. Any potential unfairness can be remedied by appropriate judicial directions; therefore, the application to exclude is rejected.

Parties
Crown: Regina; Accused: John Richard Weston
Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
Criminal / Interlocutory Application Ruling
Outcome
Application under s 135 and/or s 137 of the Evidence Act 1995 rejected.
Legal Topics
Relevance of Evidence, Unfair Prejudice, Probative Value, Corroboration
Evidence Law Criminal Law Relevance of Evidence Unfair Prejudice Probative Value Corroboration

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Parties

Regina

Crown

John Richard Weston

Accused

Procedural Posture

Criminal / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether schedule of telephone records should be excluded under s 135 and/or s 137 of the Evidence Act 1995 for unfair prejudice or lack of relevance.

Ratio Decidendi

The schedule of telephone records is relevant and highly probative, particularly as corroboration of Witness G's evidence. Any potential unfairness can be remedied by appropriate judicial directions; therefore, the application to exclude is rejected.

Court Disposition

Application under s 135 and/or s 137 of the Evidence Act 1995 rejected.

Orders

  • Application under s 135 and/or s 137 of the Evidence Act 1995 rejected.