R v Ellis [2022] NSWDC 3

R v Ellis [2022] NSWDC 3

The ERISP is excluded under Evidence Act 1995 (NSW) section 90 due to unfairness arising from persistent police questioning after the accused had clearly indicated she did not wish to make any comment and had been advised by her solicitor, combined with her state of intimidation and confusion; similarly, methadone evidence is excluded, as in the circumstances its prejudicial effect outweighs probative value.

Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Criminal / Pre Trial Ruling on Evidentiary Motions
Outcome
ERISP excluded from evidence; methadone evidence excluded; photographs exhibit VD D excluded; character evidence may be raised in respect to absence of criminal history as to robbery or armed robbery.
Legal Topics
['exclusion of Evidence' 'erisp' 'character Evidence' 'methadone Program' 'joint Criminal Enterprise' 'unfair Prejudice']
['criminal Law' 'evidence Law'] ['exclusion of Evidence' 'erisp' 'character Evidence' 'methadone Program' 'joint Criminal Enterprise' 'unfair Prejudice']

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Procedural Posture

Criminal / Pre Trial Ruling on Evidentiary Motions

Legal Issues

  1. 1 ['Whether part or all of the ERISP should be excluded from evidence under s90 of the Evidence Act 1995 (NSW)' 'Whether evidence of the accused being on a methadone program should be excluded as unfairly prejudicial']

Ratio Decidendi

The ERISP is excluded under Evidence Act 1995 (NSW) section 90 due to unfairness arising from persistent police questioning after the accused had clearly indicated she did not wish to make any comment and had been advised by her solicitor, combined with her state of intimidation and confusion; similarly, methadone evidence is excluded, as in the circumstances its prejudicial effect outweighs probative value.

Court Disposition

ERISP excluded from evidence; methadone evidence excluded; photographs exhibit VD D excluded; character evidence may be raised in respect to absence of criminal history as to robbery or armed robbery.

Orders

  • ['ERISP excluded from the evidence.' 'Photos marked exhibit VD D excluded from the evidence.' 'Accused may raise character in respect to absence of criminal history for robbery or armed robbery; Crown not to lead adverse character evidence or cross-examine accused on other criminal activity.' "Accused's motion as to...