R v Johnstone (Ruling No 1) [2011] VSC 306 (8 June 2011)

http://www.austlii.edu.au/au/cases/vic/VSC/2011/306.html

http://www.austlii.edu.au/au/cases/vic/VSC/2011/306.html

CRIMINAL LAW – Evidence – Murder – Relationship evidence – Admissibility of video clip recorded on mobile phone showing lewd and drunken behaviour of accused in company with deceased – Where defence case that accused’s actions triggered by sexual propositioning by the deceased – Whether probative of accused’s state of mind – Lack of probative value – Prejudicial effect – Evidence excluded.