R v Johnson (No 5) [2019] NSWSC 146

R v Johnson (No 5) [2019] NSWSC 146

The evidence was admitted on the basis that it was relevant and capable of being probative of a fact in issue, specifically the physical capacity of the deceased relating to self-defence, despite not conclusively proving incapacity.

Parties
Crown: Regina; Accused: Douglas Johnson
Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Evidence admitted
Legal Topics
Admissibility of Evidence, Probative Value, Self Defence
Evidence Law Admissibility of Evidence Probative Value Self Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Douglas Johnson

Accused

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether the medical evidence relating to the deceased’s antecedent condition is admissible
  2. 2 Whether such evidence is relevant and probative to the issue of self-defence

Ratio Decidendi

The evidence was admitted on the basis that it was relevant and capable of being probative of a fact in issue, specifically the physical capacity of the deceased relating to self-defence, despite not conclusively proving incapacity.

Court Disposition

Evidence admitted

Orders

  • The statement of Constable Adrienne Lamparelli with attached notebook entry and the certificate of Dr Givorshner are admitted as Exhibit N.