R v Russell (No 3) [2022] NSWSC 1794

R v Russell (No 3) [2022] NSWSC 1794

The photograph was rejected because it had no probative value in circumstances where the implement was merely found in the deceased's premises after the event and there was no evidence linking it to the deceased's possession at the time of death, its ownership, making or use, or the accused's knowledge of it; it therefore did not fall within s 97 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
26 April 2022
Procedural Posture
Criminal Proceedings / Procedural Ruling on Tender of Photograph
Outcome
The tender of the photograph is rejected.
Legal Topics
['tendency Evidence' 'relevance' 'probative Value' 'admissibility of Photograph']
['evidence' 'criminal Law'] ['tendency Evidence' 'relevance' 'probative Value' 'admissibility of Photograph']

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Procedural Posture

Criminal Proceedings / Procedural Ruling on Tender of Photograph

Legal Issues

  1. 1 ["Whether a photograph of a pole with a blade attached, located in a search of the deceased's premises after their death, was relevant and had probative value." 'Whether the photograph was admissible as tendency evidence under s 97 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

The photograph was rejected because it had no probative value in circumstances where the implement was merely found in the deceased's premises after the event and there was no evidence linking it to the deceased's possession at the time of death, its ownership, making or use, or the accused's knowledge of it; it therefore did not fall within s 97 of the Evidence Act 1995 (NSW).

Court Disposition

The tender of the photograph is rejected.

Orders

  • ['The tender of the photograph is rejected.']