R v Barton [2006] NSWSC 1494

R v Barton [2006] NSWSC 1494

The photograph of J's injuries had little or no additional probative value beyond oral evidence already given, and posed a real risk of unfair prejudice that would inflame the jury and cloud its understanding, so it should be excluded.

Parties
Prosecution: Regina; Accused: James Harry Barton
Jurisdiction
Australia
Judgment Date
05 June 2006
Procedural Posture
Criminal / Interlocutory Objection During Trial
Outcome
Objection upheld; evidence excluded.
Legal Topics
Exclusion of Evidence, Prejudicial Evidence, Probative Value
Criminal Law Evidence Exclusion of Evidence Prejudicial Evidence Probative Value

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

James Harry Barton

Accused

Procedural Posture

Criminal / Interlocutory Objection During Trial

Legal Issues

  1. 1 Whether a photograph of the injured child victim should be admitted into evidence

Ratio Decidendi

The photograph of J's injuries had little or no additional probative value beyond oral evidence already given, and posed a real risk of unfair prejudice that would inflame the jury and cloud its understanding, so it should be excluded.

Court Disposition

Objection upheld; evidence excluded.

Orders

  • The objection to the tender of the photograph is upheld.
  • The photograph is excluded from evidence.