Regina v Patsalis & Spathis [No 6] [1999] NSWSC 746

Regina v Patsalis & Spathis [No 6] [1999] NSWSC 746

Although the tracksuit trousers were relevant, their probative value was slight because other similar trousers were in the room, they were undistinctive, they had not been forensically analysed, and there was nothing beyond their description to link them with the events of 11 April. Their limited probative value was substantially outweighed by the danger of unfair prejudice to Mr Spathis through a possible jury inference that he had lied about discarding them, so Exhibit AA and the related photograph should be withdrawn unless further evidence emerged.

Jurisdiction
Australia
Judgment Date
22 July 1999
Procedural Posture
Criminal Proceeding / Ruling on Withdrawal of Exhibit During Trial
Outcome
The Court proposed that Exhibit AA and photograph number 67 be withdrawn unless something else arose.
Legal Topics
['withdrawal of Exhibit' 'probative Value' 'unfair Prejudice' 'evidence Act 1995 S135']
['criminal Practice and Procedure' 'evidence'] ['withdrawal of Exhibit' 'probative Value' 'unfair Prejudice' 'evidence Act 1995 S135']

Case Brief

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Procedural Posture

Criminal Proceeding / Ruling on Withdrawal of Exhibit During Trial

Legal Issues

  1. 1 ['Whether blue tracksuit trousers admitted as Exhibit AA should be withdrawn from evidence under s135 of the Evidence Act, 1995.' 'Whether the probative value of Exhibit AA was substantially outweighed by the danger of unfair prejudice to a party.' 'Whether photograph number 67, showing the trousers and forming part of exhibit L, should also be withdrawn.']

Ratio Decidendi

Although the tracksuit trousers were relevant, their probative value was slight because other similar trousers were in the room, they were undistinctive, they had not been forensically analysed, and there was nothing beyond their description to link them with the events of 11 April. Their limited probative value was substantially outweighed by the danger of unfair prejudice to Mr Spathis through a possible jury inference that he had lied about discarding them, so Exhibit AA and the related photograph should be withdrawn unless further evidence emerged.

Court Disposition

The Court proposed that Exhibit AA and photograph number 67 be withdrawn unless something else arose.

Orders

  • ['The tracksuit trousers, Exhibit AA, should be withdrawn notwithstanding their earlier admission without objection, unless something else arises.' 'The photograph of the trousers taken during the search, exhibit L photograph number 67, should likewise be withdrawn.' 'An indication should be given that the Crown...