R v Dickson (No 14) [2014] NSWSC 1860

R v Dickson (No 14) [2014] NSWSC 1860

The UK Law Society website search results were admissible as business records under s 69 of the Evidence Act 1995 (NSW), with sufficient probative value and minimal prejudice. The results from the Wayback Machine were rejected, as the absence of website archiving could have multiple explanations, and admitting such evidence would be more prejudicial than probative.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Criminal / Interlocutory Applications
Outcome
Objections upheld in part and rejected in part.
Legal Topics
['objection to Evidence' 'relevance' 'hearsay' 'prejudice' 'business Records']
['criminal Law' 'evidence'] ['objection to Evidence' 'relevance' 'hearsay' 'prejudice' 'business Records']

Case Brief

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Procedural Posture

Criminal / Interlocutory Applications

Legal Issues

  1. 1 ['Whether searches from the UK Law Society website constitute hearsay and are admissible as business records under s 69 of the Evidence Act 1995 (NSW)' 'Whether the results of Wayback Machine searches are admissible or prejudicial']

Ratio Decidendi

The UK Law Society website search results were admissible as business records under s 69 of the Evidence Act 1995 (NSW), with sufficient probative value and minimal prejudice. The results from the Wayback Machine were rejected, as the absence of website archiving could have multiple explanations, and admitting such evidence would be more prejudicial than probative.

Court Disposition

Objections upheld in part and rejected in part.

Orders

  • ['Objection to UK Law Society website evidence overruled; evidence admitted.' 'Objection to Wayback Machine search results upheld; evidence excluded.']