R v Weaver (No 2) [2022] NSWSC 600

R v Weaver (No 2) [2022] NSWSC 600

The admitted words were significantly probative of essential aspects of the Crown case, including motive, state of mind, the relationship between the accused and Ms Howlett, and were capable of being understood as an admission concerning the events of 20 December 2019. However, the broader statement that the accused gets violent with Ms Howlett if he feels betrayed carried a real risk of unfair propensity reasoning and did not go to an element of the charge of murdering Mr White. The probative value of the admitted part was not outweighed by unfair prejudice, but the balance of the passage after "property only" was excluded under s 137.

Jurisdiction
Australia
Judgment Date
12 April 2022
Procedural Posture
Criminal Proceedings / Preliminary Ruling Under S 192 a Evidence Act 1995 (nsw) on Objections to Proposed Tender of Passages From Letters
Outcome
Admission of the disputed passage allowed in part and refused in part.
Legal Topics
['admissibility of Evidence' 'exclusion of Evidence' 'unfair Prejudice' 'probative Value' 'admissions' 'motive' 'state of Mind']
['evidence' 'criminal Law'] ['admissibility of Evidence' 'exclusion of Evidence' 'unfair Prejudice' 'probative Value' 'admissions' 'motive' 'state of Mind']

Case Brief

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Procedural Posture

Criminal Proceedings / Preliminary Ruling Under S 192 a Evidence Act 1995 (nsw) on Objections to Proposed Tender of Passages From Letters

Legal Issues

  1. 1 ['Whether passages from a letter written by the accused to Ms Howlett after arrest should be admitted in the Crown case.' 'Whether the probative value of the disputed passage was outweighed by the danger of unfair prejudice to the accused under s 137 Evidence Act 1995 (NSW).' "Whether the passage was capable of constituting an admission relevant to the alleged stabbing of Ms Howlett and to the accused's motive, state of mind, and relationship with Ms Howlett."]

Ratio Decidendi

The admitted words were significantly probative of essential aspects of the Crown case, including motive, state of mind, the relationship between the accused and Ms Howlett, and were capable of being understood as an admission concerning the events of 20 December 2019. However, the broader statement that the accused gets violent with Ms Howlett if he feels betrayed carried a real risk of unfair propensity reasoning and did not go to an element of the charge of murdering Mr White. The probative value of the admitted part was not outweighed by unfair prejudice, but the balance of the passage after "property only" was excluded under s 137.

Court Disposition

Admission of the disputed passage allowed in part and refused in part.

Orders

  • ['Allow the Crown to adduce: "I hope you forgive me for hurting you physically. I get so jealous; I\'m obsessed with you. You\'re my property only."' 'Exclude under s 137 Evidence Act 1995 (NSW) the statement that the accused gets violent with Ms Howlett if he feels she has betrayed him and the rest of the passage...