R v Andrew Iskandar & R v Nita Iskandar (No. 1) [2011] NSWSC 1324

R v Andrew Iskandar & R v Nita Iskandar (No. 1) [2011] NSWSC 1324

The evidence is admissible because it is relevant and has probative value under the Evidence Act 1995, and any inference to be drawn from it is a matter for the jury. The evidence is not unfairly prejudicial as its possible use by the jury does not constitute a misuse.

Jurisdiction
Australia
Judgment Date
24 October 2011
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
The evidence is admissible
Legal Topics
['evidence' 'admissibility' 'probative Value' 'unfair Prejudice']
['criminal Law'] ['evidence' 'admissibility' 'probative Value' 'unfair Prejudice']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the evidence of the pieces of paper and photographs is admissible.' 'Whether the evidence has probative value.' 'Whether the evidence is unfairly prejudicial to the accused.' 'Whether the inference the Crown seeks to draw from the evidence is available and not likely to be misused by the jury.']

Ratio Decidendi

The evidence is admissible because it is relevant and has probative value under the Evidence Act 1995, and any inference to be drawn from it is a matter for the jury. The evidence is not unfairly prejudicial as its possible use by the jury does not constitute a misuse.

Court Disposition

The evidence is admissible

Orders

  • []