R v MEYN, John Michael (No 5) [2012] NSWSC 1590

R v MEYN, John Michael (No 5) [2012] NSWSC 1590

The proposed evidence of the deceased's complaint of a previous assault by the accused was tendency evidence. It did not have significant probative value because little was known about what precipitated the earlier aggression, the manner of the alleged assault was not shown to be sufficiently similar to the killing, and a single prior incident lacked sufficiently common features with the events of the deceased's death.

Jurisdiction
Australia
Judgment Date
03 December 2012
Procedural Posture
Criminal Trial / Interlocutory Evidentiary Ruling During Trial
Outcome
Evidence of prior assault of deceased rejected.
Legal Topics
['domestic Homicide' 'prior Domestic Violence' 'relationship Evidence' 'tendency Evidence' 'significant Probative Value']
['criminal Law' 'evidence'] ['domestic Homicide' 'prior Domestic Violence' 'relationship Evidence' 'tendency Evidence' 'significant Probative Value']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether evidence from Ms Angela Walkerden that the deceased said the accused had previously assaulted her was admissible.' 'Whether the proposed evidence was relationship evidence or tendency evidence requiring satisfaction of s 97 and s 101 of the Evidence Act 1995.' 'Whether the proposed evidence had significant probative value.']

Ratio Decidendi

The proposed evidence of the deceased's complaint of a previous assault by the accused was tendency evidence. It did not have significant probative value because little was known about what precipitated the earlier aggression, the manner of the alleged assault was not shown to be sufficiently similar to the killing, and a single prior incident lacked sufficiently common features with the events of the deceased's death.

Court Disposition

Evidence of prior assault of deceased rejected.

Orders

  • ['The evidence from Ms Angela Walkerden that the deceased told her the accused had assaulted her was rejected.']