R v Bretherton [2013] NSWSC 1247
The redacted adult dating website records were clearly relevant because they could show that the accused was able to interact coherently and rationally with others and might undermine evidence about his lack of social skills and characteristics associated with autistic spectrum disorder. Any remaining prejudice was not unfair and could be accommodated by directions, so the objection to tender was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 02 September 2013
- Procedural Posture
- Criminal Proceeding / Objection to Tender of MFI 9
- Outcome
- Objection to the tender of MFI 9 dismissed.
- Legal Topics
- ['tender of Computer Records' 'probative Value' 'unfair Prejudice' 'autistic Spectrum Disorder' 'abnormality of Mind']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Proceeding / Objection to Tender of MFI 9
Legal Issues
- 1 ['Whether the redacted computerised reconstruction of written conversations from an adult dating website was relevant and probative of a fact in issue.' 'Whether the probative value of the material was outweighed by unfair prejudice to the accused.']
Ratio Decidendi
The redacted adult dating website records were clearly relevant because they could show that the accused was able to interact coherently and rationally with others and might undermine evidence about his lack of social skills and characteristics associated with autistic spectrum disorder. Any remaining prejudice was not unfair and could be accommodated by directions, so the objection to tender was dismissed.
Court Disposition
Objection to the tender of MFI 9 dismissed.
Orders
- ['Objection to the tender of MFI 9 dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment