R v Wayne Rodney SCHNEIDER (No 4) [2010] NSWDC 10

R v Wayne Rodney SCHNEIDER (No 4) [2010] NSWDC 10

The probative value of evidence that the accused changed his tattoos after the offence outweighs any prejudicial effect because the accused is not required to give full detail of his motorcycle club associations to rebut the Crown's case, and innocent explanations exist but do not destroy the evidence's probative force.

Jurisdiction
Australia
Judgment Date
11 February 2010
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'consciousness of Guilt' 'tattoos as Evidence' 'prejudicial Vs Probative Value']
['criminal Law'] ['admissibility of Evidence' 'consciousness of Guilt' 'tattoos as Evidence' 'prejudicial Vs Probative Value']

Case Brief

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether evidence of the accused changing his tattoos after the offence is admissible as demonstrating consciousness of guilt' 'Whether the probative value of this evidence outweighs unfair prejudice to the accused']

Ratio Decidendi

The probative value of evidence that the accused changed his tattoos after the offence outweighs any prejudicial effect because the accused is not required to give full detail of his motorcycle club associations to rebut the Crown's case, and innocent explanations exist but do not destroy the evidence's probative force.

Court Disposition

Evidence admitted

Orders

  • ['The evidence that the Crown seeks to adduce regarding tattoo changes is admitted.']