Regina v Lodhi [2006] NSWSC 641

Regina v Lodhi [2006] NSWSC 641

The evidence regarding Brigitte is relevant as it bears on the probability of fault elements (knowledge and intention) of the accused in the offences. Its probative value is not outweighed by the risk of unfair prejudice from media scrutiny, especially with effective jury directions.

Jurisdiction
Australia
Judgment Date
27 April 2006
Procedural Posture
Criminal / Pre Trial Application to Exclude Evidence
Outcome
application to exclude evidence refused
Legal Topics
['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'media Influence' 's 137 Evidence Act (nsw)']
['criminal Law'] ['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'media Influence' 's 137 Evidence Act (nsw)']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application to Exclude Evidence

Legal Issues

  1. 1 ["Whether certain categories of 'Brigitte' evidence should be excluded from trial" 'Whether the evidence is relevant under s 55 Evidence Act (NSW)' 'Whether the probative value is outweighed by the danger of unfair prejudice under s 137 Evidence Act (NSW)']

Ratio Decidendi

The evidence regarding Brigitte is relevant as it bears on the probability of fault elements (knowledge and intention) of the accused in the offences. Its probative value is not outweighed by the risk of unfair prejudice from media scrutiny, especially with effective jury directions.

Court Disposition

application to exclude evidence refused

Orders

  • ['I decline to exclude the evidence']