R v Hammond [2018] NSWDC 503

R v Hammond [2018] NSWDC 503

The proposed evidence relating to the Warrawong robbery and Mr Hammond's admission of guilt possesses significant probative value for coincidence purposes and its probative value substantially outweighs its prejudicial effect, supporting admissibility for coincidence but not for tendency. Evidence related to the 'ghost mask' lacks sufficient provenance and probative value and presents unfair prejudice; thus it is not admissible.

Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Criminal / Evidentiary Ruling Prior to Jury Empanelment
Outcome
Evidence of the Warrawong robbery admitted for coincidence purposes; not admitted for tendency purposes. Evidence related to ghost mask excluded.
Legal Topics
['tendency and Coincidence Evidence' 'admissibility of Evidence' 'relevance' 'probative Value' 'robbery With Offensive Weapon']
['criminal Law'] ['tendency and Coincidence Evidence' 'admissibility of Evidence' 'relevance' 'probative Value' 'robbery With Offensive Weapon']

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Procedural Posture

Criminal / Evidentiary Ruling Prior to Jury Empanelment

Legal Issues

  1. 1 ['Whether evidence of another robbery and admission of guilt is admissible for coincidence or tendency purposes' "Whether evidence relating to a 'ghost mask' is admissible" 'Application of probative value versus prejudicial effect in the context of evidence admissibility']

Ratio Decidendi

The proposed evidence relating to the Warrawong robbery and Mr Hammond's admission of guilt possesses significant probative value for coincidence purposes and its probative value substantially outweighs its prejudicial effect, supporting admissibility for coincidence but not for tendency. Evidence related to the 'ghost mask' lacks sufficient provenance and probative value and presents unfair prejudice; thus it is not admissible.

Court Disposition

Evidence of the Warrawong robbery admitted for coincidence purposes; not admitted for tendency purposes. Evidence related to ghost mask excluded.

Orders

  • ["Evidence of Warrawong robbery and Mr Hammond's admission of guilt to be admitted for coincidence purposes only." 'Evidence not admitted for tendency purposes.' 'Evidence related to ghost mask not admitted.']