R v Goodwin [2022] NSWDC 141

R v Goodwin [2022] NSWDC 141

The judge was not persuaded that the probative value of the challenged portion of the recording and transcript was substantially outweighed by the danger that it might be misleading or confusing. The judge found that the transcript reflected the words heard on the recording, and any risk could be addressed by directing the jury that the recording, not the transcript, was the evidence.

Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Criminal Trial Involving Sexual Offence Counts / Voir Dire Ruling on the Accused's Application to Exclude Evidence Pursuant to S 135 Evidence Act 1995
Outcome
The accused's application to exclude the challenged portion was refused; the Crown was permitted to adduce the recording and provide the transcript to the jury as an aide memoire.
Legal Topics
['voir Dire' 'admissibility of Evidence' 'complaint Evidence' 'transcript as Aide Memoire' 'section 135 Evidence Act 1995']
['criminal Law' 'criminal Procedure' 'evidence'] ['voir Dire' 'admissibility of Evidence' 'complaint Evidence' 'transcript as Aide Memoire' 'section 135 Evidence Act 1995']

Case Brief

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Procedural Posture

Criminal Trial Involving Sexual Offence Counts / Voir Dire Ruling on the Accused's Application to Exclude Evidence Pursuant to S 135 Evidence Act 1995

Legal Issues

  1. 1 ['Whether the challenged portion of a transcript of a recording should be excluded or withheld from the jury under s 135 Evidence Act 1995 because the words allegedly could not be heard on the recording.' 'Whether the Crown may adduce the recording and provide the jury with a transcript as an aide memoire.']

Ratio Decidendi

The judge was not persuaded that the probative value of the challenged portion of the recording and transcript was substantially outweighed by the danger that it might be misleading or confusing. The judge found that the transcript reflected the words heard on the recording, and any risk could be addressed by directing the jury that the recording, not the transcript, was the evidence.

Court Disposition

The accused's application to exclude the challenged portion was refused; the Crown was permitted to adduce the recording and provide the transcript to the jury as an aide memoire.

Orders

  • ['The Crown may adduce the evidence of the recording and provide for the assistance of the jury a transcript for use as an aide memoire.']