Published 03 July 2019
Admissibility of evidence — evidential interview video — unfairly prejudicial effect — jury trial — Evidence Act 2006, s 8. The Crown applied for an order that the visual footage of the defendant's police interview be admissible. The defendant opposed the application on the basis it would have an unfairly prejudicial effect on the jury trial, per s 8 of the Evidence Act, given it was conducted in prison. The Judge held that given the defendant was not wearing prison clothing, that there was no visible insignia in the room displaying Department of Corrections, and was interview was conducted by a police officer, there would be no adverse inference drawn by the jury. Further, to only allow an audio recording might be more suspicious than allowing the footage. Therefore, the visual footage was ruled admissible. Judgment Date: 25 February 2019.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›