R v Bennetts

In the matter of R v Bennetts, the appellant, Bennetts, stands charged with one count of murder and one count of interfering with a corpse. The case has reached the court where the admissibility of certain evidence has become a central issue. Specifically, Bennetts seeks the exclusion of evidence that, one day prior to the alleged murder, he conducted a YouTube search for the term “best way to dispose of a body”. The Crown opposes the application, arguing that the evidence is relevant and prejudicial, and should not be excluded.

The court was tasked with determining whether the common law residual discretion to exclude admissible evidence applies in this instance. Bennetts contends that the admission of the evidence would be unfair, despite the refusal of previous applications to exclude it on the grounds of relevance and prejudice. The court had to consider the nature of the discretion to exclude evidence, which encompasses considerations of fairness and the overarching purpose of ensuring a just trial. The court examined whether the evidence of the search, irrespective of its content, could unfairly prejudice the appellant in the eyes of the jury.

The court concluded that the common law residual discretion to exclude evidence was not engaged. It found that the evidence was relevant and probative of Bennetts' intent, and that its probative value outweighed any prejudicial effect it might have. The court also noted that Bennetts had not demonstrated how the admission of the evidence would result in an unfair trial, particularly given that the content of the YouTube search was not known and therefore could not be prejudicial beyond its inherent relevance. Consequently, the application to exclude the evidence of the YouTube search was refused.

The court’s order is that the application to exclude the evidence of the YouTube search on 13 August 2015 is denied. This decision allows the evidence to be presented to the jury as part of the Crown’s case, subject to any other legal considerations that may arise during the trial.