R v Rice & ors (No 4) [2014] NSWSC 1525

R v Rice & ors (No 4) [2014] NSWSC 1525

The judge held that the danger of unfair prejudice arising from the late disclosure and denial of ability to cross-examine principal Crown witness outweighs the probative value of the evidence, and therefore excluded the evidence under s 137 Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Criminal / Interlocutory Evidence Ruling During Trial
Outcome
Evidence tender rejected
Legal Topics
['admissibility of Evidence' 'procedural Unfairness' 'hearsay' 'unfair Prejudice' 'corroboration']
['criminal Law'] ['admissibility of Evidence' 'procedural Unfairness' 'hearsay' 'unfair Prejudice' 'corroboration']

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Procedural Posture

Criminal / Interlocutory Evidence Ruling During Trial

Legal Issues

  1. 1 ['Whether tendered evidence of telephone calls should be admitted given late disclosure and procedural unfairness' 'Whether hearsay evidence meets notice and admissibility requirements under the Evidence Act 1995' 'Whether probative value of evidence is outweighed by unfair prejudice under s 137 Evidence Act 1995']

Ratio Decidendi

The judge held that the danger of unfair prejudice arising from the late disclosure and denial of ability to cross-examine principal Crown witness outweighs the probative value of the evidence, and therefore excluded the evidence under s 137 Evidence Act 1995.

Court Disposition

Evidence tender rejected

Orders

  • ['The tender of the evidence is rejected.']