McNamara v The King

Evidence – Criminal trial – Joint trial – Discretionary exclusion rule – Where appellant and co accused convicted of murder and supplying large commercial quantity of methylamphetamine – Where appellant sought to lead evidence at trial that co accused admitted participation in several homicides and other criminal violence to establish defence of duress – Where evidence excluded because unfairly prejudicial to co accused – Where s 135(a) of Evidence Act 1995 (NSW) permits court to refuse to admit evidence if probative value substantially outweighed by danger of unfair prejudice to "a party" – Whether "a party" includes co accused in joint criminal trial.

Words and phrases – "a party", "discretionary exclusion", "evidence", "interests of justice", "joint criminal trial", "joint indictment", "jointly charged", "proceeding", "reasons of principle and policy", "right to adduce admissible evidence", "unfairly prejudicial".

Criminal Procedure Act 1986 (NSW) – ss 21(2)(b), 29, 29A.

Evidence Act 1995 (NSW) – ss 9, 135(a).