R v Pratten (No 24) [2015] NSWSC 1376

R v Pratten (No 24) [2015] NSWSC 1376

The repeated document was relevant, any danger of prejudice from its repetition was small, the Court was not satisfied that any prejudice was unfair, and in any event any unfair prejudice could be overcome by appropriate jury directions; therefore the document could be repeated in the tender bundle as proposed.

Jurisdiction
Australia
Judgment Date
08 July 2015
Procedural Posture
Procedural and Other Ruling in Criminal Proceedings / Voir Dire Ruling on Prosecution Tender Bundle Before Jury
Outcome
Document permitted to be repeated in the prosecution tender bundle, with appropriate jury directions.
Legal Topics
['repetition of Document in Prosecution Tender Bundle' 'relevance' 'unfair Prejudice' 'jury Directions']
['evidence' 'criminal Procedure'] ['repetition of Document in Prosecution Tender Bundle' 'relevance' 'unfair Prejudice' 'jury Directions']

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Procedural Posture

Procedural and Other Ruling in Criminal Proceedings / Voir Dire Ruling on Prosecution Tender Bundle Before Jury

Legal Issues

  1. 1 ['Whether a document already appearing in the prosecution tender bundle may be repeated at other pages of the bundle.' 'Whether repetition of the document is irrelevant because it does not further affect the probability of a fact in issue.' 'Whether repetition of the document creates a danger of unfair prejudice to the accused requiring exclusion or discretionary refusal of admission.']

Ratio Decidendi

The repeated document was relevant, any danger of prejudice from its repetition was small, the Court was not satisfied that any prejudice was unfair, and in any event any unfair prejudice could be overcome by appropriate jury directions; therefore the document could be repeated in the tender bundle as proposed.

Court Disposition

Document permitted to be repeated in the prosecution tender bundle, with appropriate jury directions.

Orders

  • ['The document may be repeated in the way that it has been.' 'Directions will be given when the document is tendered as to the manner in which the jury ought to treat the repetition of the document.']