R v Thompson Kimura and William Rodney Swan (No 1) [2016] NSWSC 568

R v Thompson Kimura and William Rodney Swan (No 1) [2016] NSWSC 568

Photographs showing all staining on the shorts are admissible since one stain was tested positive as blood and their probative value is significant in context; evidence of the Crime Scene Officer’s opinion that untested stains are blood is inadmissible as it does not advance matters beyond the jury's own inference; the actual shorts are admissible, with relevance to their appearance open to argument.

Parties
Prosecution: Regina; Accused: Thompson Kimura; Accused: William Rodney Swan
Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Evidence of staining in photographs and the actual shorts admitted; opinion evidence that untested stains are blood excluded.
Legal Topics
Admissibility of Evidence, Unfair Prejudice, Opinion Evidence, Secondary Transference, Bloodstain Evidence
Criminal Law Evidence Admissibility of Evidence Unfair Prejudice Opinion Evidence Secondary Transference Bloodstain Evidence

Case Brief

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Parties

Regina

Prosecution

Thompson Kimura

Accused

William Rodney Swan

Accused

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether photographs of non-tested stains on the accused's shorts are admissible
  2. 2 Whether opinion evidence that non-tested stains are blood is admissible
  3. 3 Whether the actual shorts are admissible

Ratio Decidendi

Photographs showing all staining on the shorts are admissible since one stain was tested positive as blood and their probative value is significant in context; evidence of the Crime Scene Officer’s opinion that untested stains are blood is inadmissible as it does not advance matters beyond the jury's own inference; the actual shorts are admissible, with relevance to their appearance open to argument.

Court Disposition

Evidence of staining in photographs and the actual shorts admitted; opinion evidence that untested stains are blood excluded.

Orders

  • Photographs showing non-tested areas of staining on accused Swan's shorts admissible.
  • Evidence of opinion that those areas of staining are blood inadmissible.