R v C [2009] NSWCCA 81

R v C [2009] NSWCCA 81

The trial judge did not err in excluding the evidence as its probative value was outweighed by the risk of unfair prejudice, and no miscarriage of discretion was demonstrated.

Parties
Appellant: Regina; Respondent: C
Jurisdiction
Australia
Judgment Date
31 March 2009
Procedural Posture
Criminal Interlocutory Appeal / Appeal From Evidentiary Ruling During Trial
Outcome
Appeal dismissed
Legal Topics
Interlocutory Appeal, Admissibility of Evidence, Unfair Prejudice, Probative Value, Criminal Negligence
Criminal Law Evidence Interlocutory Appeal Admissibility of Evidence Unfair Prejudice Probative Value Criminal Negligence

Case Brief

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Parties

Regina

Appellant

C

Respondent

Procedural Posture

Criminal Interlocutory Appeal / Appeal From Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether evidence rejected by trial judge was wrongly excluded on the grounds that its probative value was outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 1995

Ratio Decidendi

The trial judge did not err in excluding the evidence as its probative value was outweighed by the risk of unfair prejudice, and no miscarriage of discretion was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Crown is dismissed.