R v Jacobs (No 6) [2013] NSWSC 947

R v Jacobs (No 6) [2013] NSWSC 947

The ammunition evidence was admissible because cartridges of the same calibre as the revolver, and mostly of the same SPL manufacture as cartridges found in the fatal weapon, were found in the home occupied by the accused at the time of the shooting and in a garage to which he had access not long after the shooting. That evidence could rationally affect the assessment of whether the accused possessed and fired the firearm. Although there was some prejudicial effect and no direct scientific link to the accused, the evidence had very high probative value and its probative value was not outweighed by the danger of unfair prejudice.

Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Criminal Proceeding Concerning Alleged Murder by Shooting / Voir Dire; Procedural Evidentiary Ruling
Outcome
Evidence in the form foreshadowed by the Crown Prosecutor was allowed.
Legal Topics
['relevance of Evidence' 'unfair Prejudice' 'ammunition Evidence' 'voir Dire' 'admissibility Under Evidence Act 1995']
['evidence Law' 'criminal Law'] ['relevance of Evidence' 'unfair Prejudice' 'ammunition Evidence' 'voir Dire' 'admissibility Under Evidence Act 1995']

Case Brief

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Procedural Posture

Criminal Proceeding Concerning Alleged Murder by Shooting / Voir Dire; Procedural Evidentiary Ruling

Legal Issues

  1. 1 ["Whether evidence of unfired .38 calibre cartridges found at the accused's home some weeks after the shooting was relevant under s 55 of the Evidence Act 1995." 'Whether the probative value of the ammunition evidence was outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995.' 'Whether evidence of an intercepted conversation about moving or hiding the ammunition needed to be resolved for admissibility purposes.']

Ratio Decidendi

The ammunition evidence was admissible because cartridges of the same calibre as the revolver, and mostly of the same SPL manufacture as cartridges found in the fatal weapon, were found in the home occupied by the accused at the time of the shooting and in a garage to which he had access not long after the shooting. That evidence could rationally affect the assessment of whether the accused possessed and fired the firearm. Although there was some prejudicial effect and no direct scientific link to the accused, the evidence had very high probative value and its probative value was not outweighed by the danger of unfair prejudice.

Court Disposition

Evidence in the form foreshadowed by the Crown Prosecutor was allowed.

Orders

  • ['The evidence in the form foreshadowed by the Crown Prosecutor is allowed.']