R v Merrick (No 2) [2016] NSWSC 164

R v Merrick (No 2) [2016] NSWSC 164

Evidence of the nature of the relationship between the accused and deceased is relevant to both the act causing death and the accused's intention at the time. Its probative value is high and not outweighed by the risk of unfair prejudice, except for evidence relating to acts by the accused against third parties or abusive comments unconnected to the deceased, which are excluded.

Parties
Prosecution: Regina; Accused: Ross Albert Merrick
Jurisdiction
Australia
Judgment Date
02 March 2016
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Partial admission of disputed evidence; exclusion of certain evidence and text messages.
Legal Topics
Admissibility of Evidence, Relationship Evidence, Context Evidence, Relevance, Probative Value Versus Unfair Prejudice
Criminal Law Evidence Admissibility of Evidence Relationship Evidence Context Evidence Relevance Probative Value Versus Unfair Prejudice

Case Brief

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Parties

Regina

Prosecution

Ross Albert Merrick

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Is evidence of prior relationship and conduct between the accused and deceased admissible in the trial for murder?
  2. 2 Does the probative value of the evidence outweigh the danger of unfair prejudice?

Ratio Decidendi

Evidence of the nature of the relationship between the accused and deceased is relevant to both the act causing death and the accused's intention at the time. Its probative value is high and not outweighed by the risk of unfair prejudice, except for evidence relating to acts by the accused against third parties or abusive comments unconnected to the deceased, which are excluded.

Court Disposition

Partial admission of disputed evidence; exclusion of certain evidence and text messages.

Orders

  • Evidence connected with accused's act in slashing the tyres of Jackson Blackie's bicycle is rejected.
  • Evidence connected with accused's abusive comments to deceased's employer after salary error is rejected.