R v Jenkin (No 14) [2018] NSWSC 837

R v Jenkin (No 14) [2018] NSWSC 837

The recovered video file is admissible because it constitutes a 'document' under the Evidence Act, the process of recovery by the Untrunc programme is presumed reliable under s 146, and s 48 facilitates rather than restricts admissibility in these circumstances; objections based on prejudice or unreliability do not substantially outweigh probative value given the context and nature of the evidence.

Parties
Crown: Regina; Accused: Mark Kenneth Jenkin
Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Criminal / Voir Dire Ruling on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
Admissibility of Electronic Evidence, Proof of Contents of Documents, Operation of S 48 Evidence Act, Probative Value Vs Prejudice
Criminal Law Evidence Admissibility of Electronic Evidence Proof of Contents of Documents Operation of S 48 Evidence Act Probative Value Vs Prejudice

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Parties

Regina

Crown

Mark Kenneth Jenkin

Accused

Procedural Posture

Criminal / Voir Dire Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether a recovered video file from a mobile telephone is admissible as evidence under the Evidence Act 1995 (NSW)
  2. 2 Whether the video file constitutes a 'document' within the meaning of the Act
  3. 3 Whether the recovery process renders the file unreliable or prejudicial

Ratio Decidendi

The recovered video file is admissible because it constitutes a 'document' under the Evidence Act, the process of recovery by the Untrunc programme is presumed reliable under s 146, and s 48 facilitates rather than restricts admissibility in these circumstances; objections based on prejudice or unreliability do not substantially outweigh probative value given the context and nature of the evidence.

Court Disposition

Evidence admitted

Orders

  • The evidence of the recovered video file is admissible.