R v Phanekham (No 1) [2013] NSWSC 1695

The probative value of the photographs regarding the nature and scope of the stab wound is not outweighed by their prejudicial effect; therefore, the Crown is allowed to tender them.

Jurisdiction: Australia
Judgment Date: 18 November 2013
Procedural Posture: Criminal / Evidentiary Ruling
Outcome: Tender of photographs allowed.
Legal Topics: ['admissibility of Evidence' 'probative Value Vs Prejudicial Effect' 'photographic Evidence']

['criminal Law'] ['admissibility of Evidence' 'probative Value Vs Prejudicial Effect' 'photographic Evidence']

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

1 ['Whether the probative value of the photographs is outweighed by their prejudicial effect under Evidence Act 1995 s 137']

Ratio Decidendi

The probative value of the photographs regarding the nature and scope of the stab wound is not outweighed by their prejudicial effect; therefore, the Crown is allowed to tender them.

Court Disposition

Tender of photographs allowed.

Orders

['Crown allowed to tender two photographs as evidence.']