R v Whyms [2010] ACTSC 91 (26 August 2010)


EVIDENCE – admissibility of a portion of a transcript of proceedings from the ACT Magistrates Court – whether slip of the tongue by accused while giving evidence was an admission – turns on its facts.
EVIDENCE – balancing probative value of the evidence against unfair prejudice to the accused if the evidence is admitted as required by section 137 Evidence Act 1995 (Cth) – possibility that the trier of fact may reason impermissibly if evidence is admitted – evidence inadmissible.

Evidence Act 1995 (Cth) ss 97, 137