R v Johnson (No 4) [2019] NSWSC 145
Although the general geometry and dimensions of the sheath on the knife purchased by the detective were broadly similar to the item in photograph 112, it was of a different design and the tender would not assist in inferring, beyond what could be inferred from photograph 112 itself, that the item was a knife sheath; the tender was therefore rejected.
- Jurisdiction
- Australia
- Judgment Date
- 12 February 2019
- Procedural Posture
- Criminal Trial for Murder / Evidentiary Ruling on Tender of Evidence During Trial
- Outcome
- Evidence rejected
- Legal Topics
- ['tender of Evidence' 'rejection of Tender' 'knife Sheath Evidence' 'murder' 'self Defence' 'extreme Provocation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Trial for Murder / Evidentiary Ruling on Tender of Evidence During Trial
Legal Issues
- 1 ['Whether the Crown should be permitted to tender a photograph of a silver bladed black handled knife in a sheath purchased by the officer in charge near the place where Mr Morrison was stabbed, to assist in proving that an item shown in photograph 112 of Exhibit C was a knife sheath.']
Ratio Decidendi
Although the general geometry and dimensions of the sheath on the knife purchased by the detective were broadly similar to the item in photograph 112, it was of a different design and the tender would not assist in inferring, beyond what could be inferred from photograph 112 itself, that the item was a knife sheath; the tender was therefore rejected.
Court Disposition
Evidence rejected
Orders
- ['The tender was rejected.' 'The bundle of photographs may be marked for identification and returned to the Crown.']
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