R v Darcy (No 7) [2021] NSWSC 740

The instant messages between the deceased and male persons in 2010 and 2017 are not relevant to any fact in issue in this trial, and therefore not admissible.

Jurisdiction: Australia
Judgment Date: 08 May 2021
Procedural Posture: Criminal / Ruling on Admissibility of Evidence During Trial
Outcome: Evidence ruled inadmissible
Legal Topics: ['admissibility of Evidence' 'relevance' 'text Messages' 'sexuality as Fact in Issue']

['criminal Law' 'evidence'] ['admissibility of Evidence' 'relevance' 'text Messages' 'sexuality as Fact in Issue']

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence During Trial

Legal Issues

1 ['Are instant messages between the deceased and others in 2010 and 2017 relevant and admissible in the murder trial?']

Ratio Decidendi

The instant messages between the deceased and male persons in 2010 and 2017 are not relevant to any fact in issue in this trial, and therefore not admissible.

Court Disposition

Evidence ruled inadmissible

Orders

['Evidence of the instant messages between the deceased and BL in 2017, and AA in 2010, is not relevant in the proceedings and is not admissible']