R v Wayne Rodney SCHNEIDER (No 3) [2010] NSWDC 9

R v Wayne Rodney SCHNEIDER (No 3) [2010] NSWDC 9

The risk of unfair prejudice to the accused from admitting evidence of flight and membership in Hell's Angels outweighed its probative value, particularly given the inaccurate media coverage and the accused's eventual voluntary surrender.

Parties
Prosecution: The Crown; Defendant: Wayne Rodney Schneider
Jurisdiction
Australia
Judgment Date
11 February 2010
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Evidence not admitted
Legal Topics
Admissibility of Evidence, Evidence of Flight
Criminal Law Admissibility of Evidence Evidence of Flight

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Wayne Rodney Schneider

Defendant

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether evidence of flight should be admitted as evidence of consciousness of guilt
  2. 2 Whether evidence of accused's membership in Hell's Angels should be admitted

Ratio Decidendi

The risk of unfair prejudice to the accused from admitting evidence of flight and membership in Hell's Angels outweighed its probative value, particularly given the inaccurate media coverage and the accused's eventual voluntary surrender.

Court Disposition

Evidence not admitted

Orders

  • The Crown is not permitted to adduce evidence of flight.
  • The Crown is not permitted to adduce evidence at this stage of the accused's membership in the Hell's Angels.