R v Ray (No 2) [2013] NSWSC 586

R v Ray (No 2) [2013] NSWSC 586

The evidence of the accused's assault on Ms Dargan earlier in the day is admissible as it provides context to subsequent events and statements; any potential unfair prejudice can be addressed by directions.

Jurisdiction
Australia
Judgment Date
22 April 2013
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
evidence admissible
Legal Topics
['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'contextual Evidence']
['criminal Law'] ['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'contextual Evidence']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 ['Whether evidence of assault by the accused on Ms Dargan on the morning of 9 April 2011 is admissible.' 'Whether the probative value of the evidence is outweighed by its prejudicial effect.']

Ratio Decidendi

The evidence of the accused's assault on Ms Dargan earlier in the day is admissible as it provides context to subsequent events and statements; any potential unfair prejudice can be addressed by directions.

Court Disposition

evidence admissible

Orders

  • ['Evidence of assault by the accused upon Ms Dargan on the morning of 9 April 2011 is admissible.']