R v Dunstall (No 3) [2018] NSWSC 1481

R v Dunstall (No 3) [2018] NSWSC 1481

The evidence of similar prior fraudulent conduct by the accused involving Mr Duck and Mr Fadel possesses significant probative value regarding the central factual issues in the murder trial, particularly as to whether the cannabis deal was a ruse and the accused's motive for the alleged offence; this probative value substantially outweighs the acknowledged prejudicial effect, thereby satisfying ss 97 and 101 of the Evidence Act 1995 (NSW), and the tendency evidence is admissible.

Parties
Prosecution: Regina; Accused: Glen Roland Dunstall
Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Criminal / Voir Dire Ruling on Admissibility of Tendency Evidence Before Trial
Outcome
Tendency evidence admitted.
Legal Topics
Admissibility of Tendency Evidence, Probative Value V Prejudicial Effect, Murder, Fraud, Relevance
Criminal Law Evidence Admissibility of Tendency Evidence Probative Value V Prejudicial Effect Murder Fraud Relevance

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Parties

Regina

Prosecution

Glen Roland Dunstall

Accused

Procedural Posture

Criminal / Voir Dire Ruling on Admissibility of Tendency Evidence Before Trial

Legal Issues

  1. 1 Is the prosecution's tendency evidence admissible against the accused in a trial for murder under the Evidence Act 1995 (NSW)?
  2. 2 Does the probative value of the tendency evidence substantially outweigh any prejudicial effect to the accused as required by ss 97 and 101 of the Evidence Act 1995 (NSW)?

Ratio Decidendi

The evidence of similar prior fraudulent conduct by the accused involving Mr Duck and Mr Fadel possesses significant probative value regarding the central factual issues in the murder trial, particularly as to whether the cannabis deal was a ruse and the accused's motive for the alleged offence; this probative value substantially outweighs the acknowledged prejudicial effect, thereby satisfying ss 97 and 101 of the Evidence Act 1995 (NSW), and the tendency evidence is admissible.

Court Disposition

Tendency evidence admitted.

Orders

  • The evidence with regard to both tendency allegations tendered by the Crown is admissible in the trial.