R v Merrick (No 3) [2016] NSWSC 181

R v Merrick (No 3) [2016] NSWSC 181

Specific relationship evidence relevant to the accused’s communications with reference to the deceased is admissible, but general summaries of alleged messages regarding the deceased's faithfulness are not admissible due to lack of accuracy and probative value.

Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Partial admissibility of evidence
Legal Topics
['evidence' 'admissibility' 'context Evidence' 'relationship Evidence' 'relevance' 'probative Value']
['criminal Law'] ['evidence' 'admissibility' 'context Evidence' 'relationship Evidence' 'relevance' 'probative Value']

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether evidence relating to specific messages sent by the accused is admissible' "Whether general summaries of messages regarding the deceased's faithfulness are admissible"]

Ratio Decidendi

Specific relationship evidence relevant to the accused’s communications with reference to the deceased is admissible, but general summaries of alleged messages regarding the deceased's faithfulness are not admissible due to lack of accuracy and probative value.

Court Disposition

Partial admissibility of evidence

Orders

  • ['Evidence of the witness alleging that the accused sent her a specific message is admissible.' "Evidence referring to messages questioning the deceased's faithfulness is not admissible."]