R v Godfrey (No 2) [2023] NSWSC 1313

R v Godfrey (No 2) [2023] NSWSC 1313

The references in the ERISP to Asperger's Syndrome or Autism had some relevance but their probative value was outweighed by the danger of unfair prejudice, including that the accused would be forced to adduce evidence about his history to show he may have believed the statements. Mr Rae's statement that he did not trust the accused was admissible because it was relevant to explain subsequent events and Mr Rae's conduct, not to prove that the accused was untrustworthy. The ERISP references to cross-examination were excluded because any probative value was outweighed by the danger that the jury might draw a prejudicial inference about the accused's familiarity with criminal proceedings.

Jurisdiction
Australia
Judgment Date
20 March 2023
Procedural Posture
Criminal Trial for Murder Contrary to S 18(1)(a) of the Crimes Act 1900 (nsw) / Voir Dire/admissibility Objections Before Jury Empanelment
Outcome
The accused's evidentiary objections were upheld in part and rejected in part.
Legal Topics
['admissibility of Evidence' 'voir Dire' 'credibility Evidence' 'opinion Evidence' 'unfair Prejudice' 'erisp Interview' 'self Defence']
['criminal Procedure' 'evidence' 'criminal Law'] ['admissibility of Evidence' 'voir Dire' 'credibility Evidence' 'opinion Evidence' 'unfair Prejudice' 'erisp Interview' 'self Defence']

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Procedural Posture

Criminal Trial for Murder Contrary to S 18(1)(a) of the Crimes Act 1900 (nsw) / Voir Dire/admissibility Objections Before Jury Empanelment

Legal Issues

  1. 1 ["Whether references by the accused in his ERISP interview to Asperger's Syndrome, Autism or being on the spectrum should be admitted where the Crown proposed to use them as lies going to credibility." "Whether Mr Rae's statement that he did not trust the accused should be admitted despite being opinion evidence." 'Whether references by the accused in his ERISP interview to the possibility of being cross-examined should be admitted.']

Ratio Decidendi

The references in the ERISP to Asperger's Syndrome or Autism had some relevance but their probative value was outweighed by the danger of unfair prejudice, including that the accused would be forced to adduce evidence about his history to show he may have believed the statements. Mr Rae's statement that he did not trust the accused was admissible because it was relevant to explain subsequent events and Mr Rae's conduct, not to prove that the accused was untrustworthy. The ERISP references to cross-examination were excluded because any probative value was outweighed by the danger that the jury might draw a prejudicial inference about the accused's familiarity with criminal proceedings.

Court Disposition

The accused's evidentiary objections were upheld in part and rejected in part.

Orders

  • ["Admission of the reference by the accused to Asperger's Syndrome or Autism during his ERISP is rejected." 'Admission of a statement made by the witness Mr Rae to the effect that he did not trust the accused is accepted.' 'Admission of two references by the accused to cross-examination during his ERISP is rejected.']