R v Tangi (No 8) [2020] NSWSC 543

R v Tangi (No 8) [2020] NSWSC 543

Although there was a danger that the jury might speculate about the staining, that danger of unfair prejudice could be overcome by an appropriate direction that the swabbing or testing could not be assumed or presumed to reveal blood. The first two sentences of para 50.2 were admitted only to explain the markings on photographs to be tendered and for no other use.

Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Criminal Proceedings / Objection to Evidence During Trial
Outcome
Evidence admitted for purpose confined to explaining markings in photograph.
Legal Topics
['presumptive Test for Blood' 'unfair Prejudice' 'confined Purpose Evidence' 'admissibility of Evidence']
['evidence' 'criminal Law'] ['presumptive Test for Blood' 'unfair Prejudice' 'confined Purpose Evidence' 'admissibility of Evidence']

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Procedural Posture

Criminal Proceedings / Objection to Evidence During Trial

Legal Issues

  1. 1 ["Whether evidence in para 50.2 of Jeffrey McInnes' witness statement concerning staining and a presumptive test should be admitted." 'Whether the danger of unfair prejudice under s 137 of the Evidence Act 1995 (NSW) required exclusion of evidence referring to staining shown in photographs.' 'Whether any admitted evidence should be limited to explaining markings in photographs under s 136 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

Although there was a danger that the jury might speculate about the staining, that danger of unfair prejudice could be overcome by an appropriate direction that the swabbing or testing could not be assumed or presumed to reveal blood. The first two sentences of para 50.2 were admitted only to explain the markings on photographs to be tendered and for no other use.

Court Disposition

Evidence admitted for purpose confined to explaining markings in photograph.

Orders

  • ['The part of para 50.2 dealing with the presumptive test was not to be adduced in evidence.' 'The first two sentences of para 50.2 were allowed into evidence.' 'The evidence was admitted only for the purpose of explaining markings on photographs and no other use could be made of it under s 136 of the Evidence Act...