R v Pratten (No 3) [2012] NSWSC 1666

R v Pratten (No 3) [2012] NSWSC 1666

The document was admissible because it was a business record, could rationally affect directly or indirectly the probability of facts in issue concerning the relationship between the accused, the companies and the purchase of the property, and its probative value was not outweighed by any unfairness that could not be dealt with appropriately by the Crown.

Jurisdiction
Australia
Judgment Date
02 April 2012
Procedural Posture
Criminal / Interlocutory Proceedings; Admissibility of Evidence on Objection to Tender of a Document
Outcome
The document is admissible in the proceedings.
Legal Topics
['admissibility of Evidence' 'tender of Document' 'business Records' 'probative Value and Unfair Prejudice']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'tender of Document' 'business Records' 'probative Value and Unfair Prejudice']

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Procedural Posture

Criminal / Interlocutory Proceedings; Admissibility of Evidence on Objection to Tender of a Document

Legal Issues

  1. 1 ['Whether the document tendered by the accused was admissible in the proceedings.' 'Whether the document could rationally affect directly or indirectly the probability of the existence of a fact in issue.' 'Whether s 135 of the Evidence Act 1995 justified exclusion of the document.']

Ratio Decidendi

The document was admissible because it was a business record, could rationally affect directly or indirectly the probability of facts in issue concerning the relationship between the accused, the companies and the purchase of the property, and its probative value was not outweighed by any unfairness that could not be dealt with appropriately by the Crown.

Court Disposition

The document is admissible in the proceedings.

Orders

  • ['The document is admissible in the proceedings.']