R v Kannan (Ruling No 3)

In the case of R v Kannan (Ruling No 3), the defendant was charged with possessing a slave and exercising over a slave any of the powers attaching to the right of ownership, namely use. The matter was heard in a court of appeal in Australia. The appellant sought to exclude evidence obtained from post-offence conduct, including alleged lies and omissions, arguing that it was unfairly prejudicial and should not be admitted under the Jury Directions Act 2015 and the Evidence Act 2008.

The court was required to decide whether the evidence obtained from the appellant's post-offence conduct was admissible under the aforementioned Acts. The appellant contended that the evidence was inadmissible because it was obtained through lies and omissions, which were themselves the result of the oppressive conduct of the police. The court needed to balance the probative value of the evidence against the potential for unfair prejudice to the appellant.

The court found that the evidence was admissible as it related to post-offence incriminating conduct. The court rejected the appellant's argument that the evidence should be excluded due to unfair prejudice. The court held that the probative value of the evidence outweighed any prejudicial effect it may have had on the appellant. The court found that the evidence was relevant to the charges and could not be excluded on the basis that it was obtained through lies and omissions. The court also found that the evidence did not fall within the scope of the Jury Directions Act 2015 and the Evidence Act 2008, which govern the admissibility of evidence in criminal trials.

The court refused the appellant's application for the exclusion of evidence and found that the evidence was admissible. The court held that the evidence was relevant to the charges and had probative value that outweighed any prejudicial effect it may have had on the appellant. The court found that the evidence was obtained through post-offence incriminating conduct and was not obtained through lies and omissions that were the result of oppressive police conduct.