R v J Lucas; R v B Lucas (No 8) [2022] NSWSC 1813

R v J Lucas; R v B Lucas (No 8) [2022] NSWSC 1813

The oral evidence of the two witnesses is excluded pursuant to s 137 of the Evidence Act 1995 (NSW) because, although the evidence has some probative value, the danger of unfair prejudice to the accused—primarily the need to disclose prejudicial sexual conduct to challenge credibility—outweighs that value, given there is sufficient other non-prejudicial evidence available to the Crown.

Parties
Prosecution: Regina; Accused: Joshua Lucas; Accused: Benjamin Lucas
Jurisdiction
Australia
Judgment Date
03 March 2022
Procedural Posture
Criminal / Pre Trial Voir Dire Ruling on Admissibility of Evidence
Outcome
Oral evidence of two witnesses excluded under s 137 of Evidence Act 1995 (NSW)
Legal Topics
Admissibility of Evidence, Unfair Prejudice, Credibility of Witnesses, Right Wing Extremism
Criminal Law Evidence Admissibility of Evidence Unfair Prejudice Credibility of Witnesses Right Wing Extremism

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Parties

Regina

Prosecution

Joshua Lucas

Accused

Benjamin Lucas

Accused

Procedural Posture

Criminal / Pre Trial Voir Dire Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the oral evidence of two witnesses should be excluded pursuant to Evidence Act 1995 (NSW) s 137 due to the danger of unfair prejudice outweighing probative value

Ratio Decidendi

The oral evidence of the two witnesses is excluded pursuant to s 137 of the Evidence Act 1995 (NSW) because, although the evidence has some probative value, the danger of unfair prejudice to the accused—primarily the need to disclose prejudicial sexual conduct to challenge credibility—outweighs that value, given there is sufficient other non-prejudicial evidence available to the Crown.

Court Disposition

Oral evidence of two witnesses excluded under s 137 of Evidence Act 1995 (NSW)

Orders

  • The Crown may tender posts between Joshua Lucas and ZP and CT, devoid of sexualised content.
  • The Crown may tender voir dire exhibits D and E, and other specified images, subject to other objections.