R v Fuller (No 3) [2024] NSWSC 1294

R v Fuller (No 3) [2024] NSWSC 1294

Edited excerpts from specified calls are admissible as they are relevant to facts in issue, including beliefs about threats, degree of force, and consciousness of guilt; excluded calls are either not probative, have content already conceded or in evidence, or are not relevant to a fact in issue.

Parties
Prosecutor: Rex; Accused: Connor Fuller
Jurisdiction
Australia
Judgment Date
17 October 2024
Procedural Posture
Criminal / Admissibility Ruling in Trial
Outcome
Edited excerpts from specified calls admitted as evidence in the trial; other calls excluded.
Legal Topics
Admissibility of Evidence, Consciousness of Guilt, Relevance, Partial Defences, Audio Recordings
Criminal Law Evidence Admissibility of Evidence Consciousness of Guilt Relevance Partial Defences Audio Recordings

Case Brief

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Parties

Rex

Prosecutor

Connor Fuller

Accused

Procedural Posture

Criminal / Admissibility Ruling in Trial

Legal Issues

  1. 1 Whether edited audio recordings of phone calls made by the accused while on remand are admissible as evidence in the trial.
  2. 2 Whether statements made by the accused in the calls are relevant to facts in issue including belief in threat, consciousness of guilt, degree and nature of force used, and partial defences.

Ratio Decidendi

Edited excerpts from specified calls are admissible as they are relevant to facts in issue, including beliefs about threats, degree of force, and consciousness of guilt; excluded calls are either not probative, have content already conceded or in evidence, or are not relevant to a fact in issue.

Court Disposition

Edited excerpts from specified calls admitted as evidence in the trial; other calls excluded.

Orders

  • Edited excerpts of calls 1, 2, 3, 6, 8, 9, 10, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 in voir dire exhibit G are admissible in the trial.