R v Rawlinson; R v Proud; R v Spicer

The applicants, Rawlinson, Proud and Spicer, were on trial for murder. The deceased had died as a result of a fire. The Crown sought to tender a photograph of the body of the deceased taken after the fire. The applicants objected to the tendering of the photograph, arguing that it was inflammatory and prejudicial and that it had little or no evidentiary value. The applicants also argued that the fact in issue was capable of proof by other means. The High Court was required to decide whether the photograph had sufficient evidentiary value to outweigh its prejudicial effect. The Court held that the photograph had little evidentiary value and its prejudicial effect outweighed its probative value. The Court found that the fact in issue was capable of proof by other means, and the prejudicial effect of the photograph would have a significant adverse effect on the fairness of the trial. Accordingly, the Court rejected the Crown's application to tender the photograph.