R v Biljuh (No 3) [2015] NSWSC 710

R v Biljuh (No 3) [2015] NSWSC 710

The probative value of photograph 45, which shows the location and arrangement of the deceased's body and may assist the jury regarding the Crown's thesis of dragging and DNA evidence, is not outweighed by the danger of unfair prejudice to the accused. It will therefore be admitted.

Parties
Prosecution: Regina; Defendant: Dario Biljuh
Jurisdiction
Australia
Judgment Date
04 June 2015
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
photograph 45 admitted into evidence
Legal Topics
Evidence Admissibility, Crime Scene Photograph, Unfair Prejudice, Probative Value
Criminal Law Evidence Admissibility Crime Scene Photograph Unfair Prejudice Probative Value

Case Brief

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Parties

Regina

Prosecution

Dario Biljuh

Defendant

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 whether photograph 45 should be admitted into evidence under s 137 of the Evidence Act 1995 (NSW)

Ratio Decidendi

The probative value of photograph 45, which shows the location and arrangement of the deceased's body and may assist the jury regarding the Crown's thesis of dragging and DNA evidence, is not outweighed by the danger of unfair prejudice to the accused. It will therefore be admitted.

Court Disposition

photograph 45 admitted into evidence

Orders

  • photograph 45 of voir dire exhibit J will be admitted into evidence