R v Keli LANE [No 10] [2010] NSWSC 1537

R v Keli LANE [No 10] [2010] NSWSC 1537

The probative value of the accused's emotional expressions in the listening device evidence is not substantially outweighed by any danger of unfair prejudice, misleading, confusion, or waste of time; thus, the evidence is admissible.

Jurisdiction
Australia
Judgment Date
28 September 2010
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
evidence admitted
Legal Topics
['admissibility of Evidence' 'listening Device Material' 'prejudicial Evidence' 'probative Value']
['criminal Law'] ['admissibility of Evidence' 'listening Device Material' 'prejudicial Evidence' 'probative Value']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether evidence obtained via listening devices should be excluded under section 135 for being unfairly prejudicial, misleading, confusing or causing undue waste of time.']

Ratio Decidendi

The probative value of the accused's emotional expressions in the listening device evidence is not substantially outweighed by any danger of unfair prejudice, misleading, confusion, or waste of time; thus, the evidence is admissible.

Court Disposition

evidence admitted

Orders

  • ['The evidence from the listening device is allowed.']