R v Adams (No 5)

The matter before the court was an appeal by the respondent, Adams, against a conviction for obtaining a financial advantage by deception. The appeal centred on the admissibility of certain documentary evidence presented during the trial. The court of appeal was tasked with determining whether the representations contained within the exhibits were admissible, whether they qualified as business records under the exception to the hearsay rule, and if the prejudicial effect of the hearsay evidence outweighed its probative value.

The court examined the nature of the documentary evidence and whether the representations within them constituted hearsay. It considered whether these documents could be classified as business records and thus exempt from the hearsay rule. Additionally, the court had to balance the potential for unfair prejudice against the probative value of the evidence. After careful analysis, the court concluded that one of the documents contained inadmissible hearsay due to the high risk of unfair prejudice, while the other document was deemed admissible as it met the criteria for the business records exception and its probative value was not substantially outweighed by the danger of unfair prejudice.

The court found that the representations in one document were inadmissible because the prejudicial effect significantly outweighed their probative value. However, the representations in the other document were held to be admissible as they qualified as business records under the exception to the hearsay rule. The court's decision hinged on a nuanced assessment of the potential for prejudice and the relevance of the evidence. The appeal was ultimately dismissed with respect to the admissibility of one document and upheld in relation to the other.