R v Geeves; R v Geeves [2024] NSWSC 815

R v Geeves; R v Geeves [2024] NSWSC 815

The Judge found the evidence about the 1997/1998 pregnancy and termination to be relevant to whether Amber Haigh would have voluntarily left her baby, as it shows she made considered decisions regarding pregnancy and motherhood in the past. The evidence’s probative value is not outweighed by unfair prejudice and does not trigger exclusion under s 135 or s 137 of the Evidence Act 1995 (NSW). Therefore, the evidence is admissible.

Parties
Prosecutor: Rex (Crown); Accused: Robert Samuel Geeves; Accused: Anne Margaret Geeves
Jurisdiction
Australia
Judgment Date
02 July 2024
Procedural Posture
Criminal / Interlocutory Ruling in Murder Trial
Outcome
evidence allowed
Legal Topics
Adducing Evidence, Relevance, Exclusion of Evidence, Murder
Criminal Law Adducing Evidence Relevance Exclusion of Evidence Murder

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Rex (Crown)

Prosecutor

Robert Samuel Geeves

Accused

Anne Margaret Geeves

Accused

Procedural Posture

Criminal / Interlocutory Ruling in Murder Trial

Legal Issues

  1. 1 Whether evidence of the 1997/1998 pregnancy and early 1998 termination of pregnancy is relevant and admissible in the murder trial of Amber Haigh
  2. 2 Whether such evidence should be excluded under s 135 or s 137 of the Evidence Act 1995 (NSW) for unfair prejudice

Ratio Decidendi

The Judge found the evidence about the 1997/1998 pregnancy and termination to be relevant to whether Amber Haigh would have voluntarily left her baby, as it shows she made considered decisions regarding pregnancy and motherhood in the past. The evidence’s probative value is not outweighed by unfair prejudice and does not trigger exclusion under s 135 or s 137 of the Evidence Act 1995 (NSW). Therefore, the evidence is admissible.

Court Disposition

evidence allowed

Orders

  • The evidence regarding Amber Haigh's 1997/1998 pregnancy and early 1998 termination of pregnancy is admissible.