R v Wiggins [2021] NSWSC 719

R v Wiggins [2021] NSWSC 719

The police stop evidence was relevant because, if accepted, it could rationally affect the assessment of whether the accused had an interest in Darko Janceski and a motive to kill him, and its moderate probative value was not outweighed by any danger of unfair prejudice where appropriate directions could address how the Crown put its case. The MMA recordings had significant probative value because Slobodan Janceski described the gunman as having kickboxing skills, and the videos showed the accused's proficiency in that sport; organised legal kickboxing or MMA did not of itself raise bad character or a tendency to violence, and the risk of unfair prejudice could be addressed by further...

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Criminal Procedure Evidentiary Rulings in Prosecution for Murder and Intentional Infliction of Grievous Bodily Harm / Pre Trial Hearing on Notice of Motion Dated 4 June 2021 Seeking Exclusion of Evidence
Outcome
Application to exclude the police stop evidence and the edited MMA recordings refused; ruling on the birth certificate deferred; telephone intercept editing left for the parties to attempt to resolve; coincidence issue left for later clarification if necessary.
Legal Topics
['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'coincidence Rule' 'circumstantial Evidence' 'motive' 'mixed Martial Arts Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['admissibility of Evidence' 'relevance' 'unfair Prejudice' 'coincidence Rule' 'circumstantial Evidence' 'motive' 'mixed Martial Arts Evidence']

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Procedural Posture

Criminal Procedure Evidentiary Rulings in Prosecution for Murder and Intentional Infliction of Grievous Bodily Harm / Pre Trial Hearing on Notice of Motion Dated 4 June 2021 Seeking Exclusion of Evidence

Legal Issues

  1. 1 ["Whether evidence that the accused drove slowly past the deceased's house after a suspicious house fire on 5 November 2011 was relevant and admissible." 'Whether evidence of the police vehicle stop should be excluded under s 137 of the Evidence Act 1995 (NSW).' 'Whether videos of the accused competing in mixed martial arts bouts should be excluded because of unfair prejudice.' "Whether evidence of the accused's birth certificate recording his mother's birthplace was relevant or should be excluded." 'Whether issues concerning telephone intercept edits and the Crown\'s use of the word "coincidences" required determination at the pre-trial hearing.']

Ratio Decidendi

The police stop evidence was relevant because, if accepted, it could rationally affect the assessment of whether the accused had an interest in Darko Janceski and a motive to kill him, and its moderate probative value was not outweighed by any danger of unfair prejudice where appropriate directions could address how the Crown put its case. The MMA recordings had significant probative value because Slobodan Janceski described the gunman as having kickboxing skills, and the videos showed the accused's proficiency in that sport; organised legal kickboxing or MMA did not of itself raise bad character or a tendency to violence, and the risk of unfair prejudice could be addressed by further...

Court Disposition

Application to exclude the police stop evidence and the edited MMA recordings refused; ruling on the birth certificate deferred; telephone intercept editing left for the parties to attempt to resolve; coincidence issue left for later clarification if necessary.

Orders

  • ["The evidence of the accused driving slowly past the deceased's home after the fire on 5 November 2011 is admissible." 'The recordings of the accused competing in MMA bouts are admissible subject to further editing of any footage of the accused punching his opponent to the head while his opponent is already on the...