R v LN; R v AW (No. 5) [2017] NSWSC 263

R v LN; R v AW (No. 5) [2017] NSWSC 263

The overheard conversation and comments of the accused are relevant to trial issues concerning the truthfulness of the account of Joseph's death. The evidence's probative value is not outweighed by prejudicial effect; it should not be excluded under s.137 Evidence Act 1995.

Parties
Prosecution: Regina (Crown); Accused: LN; Accused: AW
Jurisdiction
Australia
Judgment Date
16 March 2017
Procedural Posture
Criminal / Interlocutory Evidentiary Ruling During Murder Trial
Outcome
Evidence of Senior Constable Nocente allowed.
Legal Topics
Murder, Admissibility of Evidence, Joint Criminal Enterprise
Criminal Law Murder Admissibility of Evidence Joint Criminal Enterprise

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Parties

Regina (Crown)

Prosecution

LN

Accused

AW

Accused

Procedural Posture

Criminal / Interlocutory Evidentiary Ruling During Murder Trial

Legal Issues

  1. 1 whether the evidence of Senior Constable Nocente overhearing conversation between accused should be admitted
  2. 2 whether the evidence is relevant to the issues in the trial
  3. 3 whether the evidence should be excluded under s.137 Evidence Act 1995

Ratio Decidendi

The overheard conversation and comments of the accused are relevant to trial issues concerning the truthfulness of the account of Joseph's death. The evidence's probative value is not outweighed by prejudicial effect; it should not be excluded under s.137 Evidence Act 1995.

Court Disposition

Evidence of Senior Constable Nocente allowed.

Orders

  • Senior Constable Nocente permitted to give evidence in accordance with the statement MFI 22.