R v STAMATIS, Andrew [2017] NSWDC 212

R v STAMATIS, Andrew [2017] NSWDC 212

The probative value of the admitted screenshot evidence, as context evidence about the character of relationship between the accused and the complainant, outweighs any unfair prejudice to the accused. Appropriate jury directions can address any potential prejudice. The mere fact that the accused was not questioned about the evidence in interview does not amount to procedural unfairness warranting exclusion under s 137.

Parties
Crown: Regina; Accused: Andrew Stamatis
Jurisdiction
Australia
Judgment Date
14 March 2017
Procedural Posture
Criminal / Ruling on Admissibility of Evidence (voir Dire) During Trial
Outcome
Evidence admissible as 'context' evidence
Legal Topics
Tendency Evidence, Context Evidence, Admissibility of Evidence, Procedural Fairness, Unfair Prejudice
Criminal Law Evidence Tendency Evidence Context Evidence Admissibility of Evidence Procedural Fairness Unfair Prejudice

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Parties

Regina

Crown

Andrew Stamatis

Accused

Procedural Posture

Criminal / Ruling on Admissibility of Evidence (voir Dire) During Trial

Legal Issues

  1. 1 Whether photographs of messages/screenshots from a mobile phone allegedly belonging to the accused are admissible as evidence
  2. 2 Whether such evidence is tendency evidence or context evidence
  3. 3 Whether admission of the evidence results in unfair prejudice or procedural unfairness to the accused under s 137 of the Evidence Act 1995

Ratio Decidendi

The probative value of the admitted screenshot evidence, as context evidence about the character of relationship between the accused and the complainant, outweighs any unfair prejudice to the accused. Appropriate jury directions can address any potential prejudice. The mere fact that the accused was not questioned about the evidence in interview does not amount to procedural unfairness warranting exclusion under s 137.

Court Disposition

Evidence admissible as 'context' evidence

Orders

  • Selected photographs/screenshots of mobile phone messages are admitted as context evidence.
  • Some screen shots, including those lacking probative value or being unfairly prejudicial, are excluded from evidence.