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[2007] VSC 459
mixed. One item of evidence admitted; another item not excluded at this stage but subject to potential reconsideration if relevance emerges later in the trial
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In this brief interlocutory ruling during a murder trial, Justice Cummins made decisions about two pieces of evidence. The first was admitted because it had probative value. The second was described as purely emotional and lacking probative value, but the judge decided not to exclude it at this point, noting that it could be reconsidered if it became relevant later in the trial.
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Criminal law and procedure - murder - evidence - admissibility.
1 I consider that is admissible on the basis if you want to take that issue, so I admit that. The other one I consider is purely an appeal to a motion of no probative value and I will not exclude it. If in fact for some reason later in the trial it becomes relevant, that is a different matter.
DPP
Farquharson
One item of evidence admitted; another item not excluded at this stage but subject to potential reconsideration if relevance emerges later in the trial