McNamara v The KingCitation:[2023] HCA 36Before:Gageler CJ, Gordon, Steward, Gleeson, Jagot JJDate:15 Nov 2023Case Number:S143/2022Read more

McNamara v The KingCitation:[2023] HCA 36Before:Gageler CJ, Gordon, Steward, Gleeson, Jagot JJDate:15 Nov 2023Case Number:S143/2022Read more

The term 'a party' in s 135(a) of Evidence Act 1995 (NSW) includes co-accused in joint criminal trials, justifying exclusion of evidence if unfairly prejudicial to them.

Parties
Appellant: Appellant; Respondent: Co-accused
Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Discretionary Exclusion of Evidence, Joint Criminal Trial, Duress Defence, Unfair Prejudice
Criminal Law Evidence Law Discretionary Exclusion of Evidence Joint Criminal Trial Duress Defence Unfair Prejudice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Appellant

Appellant

Co-accused

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether 'a party' in s 135(a) of Evidence Act 1995 (NSW) includes co-accused in joint criminal trial
  2. 2 Whether exclusion of evidence was justified on grounds of unfair prejudice to co-accused

Ratio Decidendi

The term 'a party' in s 135(a) of Evidence Act 1995 (NSW) includes co-accused in joint criminal trials, justifying exclusion of evidence if unfairly prejudicial to them.

Court Disposition

appeal dismissed

Orders

  • Evidence excluded under s 135(a) of Evidence Act 1995 (NSW)
  • Conviction upheld