R v Haines [2016] NSWSC 1824

R v Haines [2016] NSWSC 1824

Evidence of the accused's conversation about insulin and undetectable killings, edited to remove 'perfect murder', has significant probative value for the Crown and, with proposed editing and bench directions, any danger of unfair prejudice to the accused does not outweigh its probative value.

Jurisdiction
Australia
Judgment Date
12 October 2016
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Evidence permitted in edited form
Legal Topics
['admissibility of Evidence' 'unfair Prejudice' 'probative Value' 'editing Evidence']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'unfair Prejudice' 'probative Value' 'editing Evidence']

Case Brief

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Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 ['Whether proposed evidence should be excluded on the basis of unfair prejudice under s 137 of the Evidence Act 1995' 'Whether the evidence can be edited to minimise unfair prejudice to the accused']

Ratio Decidendi

Evidence of the accused's conversation about insulin and undetectable killings, edited to remove 'perfect murder', has significant probative value for the Crown and, with proposed editing and bench directions, any danger of unfair prejudice to the accused does not outweigh its probative value.

Court Disposition

Evidence permitted in edited form

Orders

  • ['Permit the evidence to be led but in the edited form proffered by the Crown prosecutor at pp 26 and 27 of the transcript of 11 October 2016']