R v Grogan (No 2) [2013] NSWSC 1192

R v Grogan (No 2) [2013] NSWSC 1192

The probative value of evidence of the accused's flight from the scene and subsequent flight from police outweighs any danger of unfair prejudice, particularly as careful jury directions can safeguard against misuse. There is a logical connection between the accused's conduct and the offences for which he is being tried.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Evidence admissible
Legal Topics
['admissibility of Flight Evidence' 'unfair Prejudice' 'consciousness of Guilt']
['evidence' 'criminal Law'] ['admissibility of Flight Evidence' 'unfair Prejudice' 'consciousness of Guilt']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 ["Whether evidence of the accused's flight is admissible given the potential for unfair prejudice" "Whether the probative value of evidence of flight outweighs its prejudicial effect given the accused's prior criminal history"]

Ratio Decidendi

The probative value of evidence of the accused's flight from the scene and subsequent flight from police outweighs any danger of unfair prejudice, particularly as careful jury directions can safeguard against misuse. There is a logical connection between the accused's conduct and the offences for which he is being tried.

Court Disposition

Evidence admissible

Orders

  • ["Evidence of accused's flight is admitted for consideration by the jury"]