R v Turnbull (No. 23) [2016] NSWSC 802

R v Turnbull (No. 23) [2016] NSWSC 802

The document MFI51 is not admitted because it is not relevant, and the fact that it may constitute a business record does not alone make it admissible in the absence of relevance.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Criminal / Murder Trial Procedural Ruling on Evidence Tender
Outcome
Tender of document (MFI51) rejected.
Legal Topics
['evidence Admissibility' 'hearsay Exception Business Records' 'relevance of Evidence' 'extreme Provocation']
['criminal Law'] ['evidence Admissibility' 'hearsay Exception Business Records' 'relevance of Evidence' 'extreme Provocation']

Case Brief

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Procedural Posture

Criminal / Murder Trial Procedural Ruling on Evidence Tender

Legal Issues

  1. 1 ["Whether MFI51 (extract from Glen Turner's compliance diary) is admissible as evidence in the defence case" 'Whether the document is relevant to issues in the trial' 'Whether the document constitutes a business record and is admissible as a hearsay exception under s.69 Evidence Act 1995']

Ratio Decidendi

The document MFI51 is not admitted because it is not relevant, and the fact that it may constitute a business record does not alone make it admissible in the absence of relevance.

Court Disposition

Tender of document (MFI51) rejected.

Orders

  • ['Tender of document (MFI51) rejected.']