R v Wayne Rodney SCHNEIDER (No 2) [2010] NSWDC 7

R v Wayne Rodney SCHNEIDER (No 2) [2010] NSWDC 7

The probative value of Mr Usman's identification evidence was outweighed by the risk of unfair prejudice to the accused, given the police's influence on Mr Usman's shift from resemblance to positive identification, and the potential for the jury to accord the evidence excessive weight, thereby warranting exclusion of the evidence under the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
09 February 2010
Procedural Posture
Criminal / Ruling on Evidentiary Application
Outcome
evidence excluded
Legal Topics
['exclusion of Identification Evidence' 'risk of Unfair Prejudice']
['criminal Law'] ['exclusion of Identification Evidence' 'risk of Unfair Prejudice']

Case Brief

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Procedural Posture

Criminal / Ruling on Evidentiary Application

Legal Issues

  1. 1 ['Should identification evidence provided by Mr Usman be excluded due to risk of unfair prejudice under the Evidence Act 1995?']

Ratio Decidendi

The probative value of Mr Usman's identification evidence was outweighed by the risk of unfair prejudice to the accused, given the police's influence on Mr Usman's shift from resemblance to positive identification, and the potential for the jury to accord the evidence excessive weight, thereby warranting exclusion of the evidence under the Evidence Act 1995.

Court Disposition

evidence excluded

Orders

  • ['Evidence objected to by the defence (identification evidence from Mr Usman) is excluded.']