R v Lamb and Thurston [2002] NSWSC 323

R v Lamb and Thurston [2002] NSWSC 323

The evidence of drinking, aggression and arguments, including threats, throughout the day by Lamb, and the company of Thurston, are admitted as transactional evidence relevant to the accused's state of mind and the context of events preceding the death, and are not unfairly prejudicial so as to warrant exclusion under ss 135 or 137.

Parties
Accused: Stanley Joseph Lamb; Accused: Edward George Thurston; Crown: Regina (NSW)
Jurisdiction
Australia
Judgment Date
11 April 2002
Procedural Posture
Criminal Trial / Preliminary Evidentiary Ruling
Outcome
Evidence admitted
Legal Topics
Murder Trial, Transactional Evidence, State of Mind, Relevance, Admissibility of Evidence
Criminal Law Murder Trial Transactional Evidence State of Mind Relevance Admissibility of Evidence

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Parties

Stanley Joseph Lamb

Accused

Edward George Thurston

Accused

Regina (NSW)

Crown

Procedural Posture

Criminal Trial / Preliminary Evidentiary Ruling

Legal Issues

  1. 1 whether evidence of drinking and aggression earlier in the day is admissible as transactional evidence
  2. 2 whether such evidence is unfairly prejudicial to the accused

Ratio Decidendi

The evidence of drinking, aggression and arguments, including threats, throughout the day by Lamb, and the company of Thurston, are admitted as transactional evidence relevant to the accused's state of mind and the context of events preceding the death, and are not unfairly prejudicial so as to warrant exclusion under ss 135 or 137.

Court Disposition

Evidence admitted

Orders

  • The whole of the evidence identified is admitted.