R v Maybir (No 7) [2015] NSWSC 1742

R v Maybir (No 7) [2015] NSWSC 1742

Evidence of the accused's prior conduct towards the deceased and other children is admissible as tendency evidence under s 97 of the Evidence Act 1995 (NSW), as it has significant probative value on the issues in dispute, particularly in relation to the accused's alleged pattern of assaulting children and his state of mind toward the deceased. The probative value outweighs any prejudice, especially as the evidence is already before the jury.

Jurisdiction
Australia
Judgment Date
12 November 2015
Procedural Posture
Criminal / Evidentiary Ruling at Trial
Outcome
Evidence admissible as tendency evidence.
Legal Topics
['evidence' 'tendency Evidence' 'admissibility' 'section 97 Evidence Act 1995 (nsw)']
['criminal Law'] ['evidence' 'tendency Evidence' 'admissibility' 'section 97 Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal / Evidentiary Ruling at Trial

Legal Issues

  1. 1 ["Whether certain evidence already adduced as 'context evidence' can be relied upon by the Crown as 'tendency evidence' under s 97 Evidence Act 1995 (NSW)." "Whether the evidence demonstrates the accused's tendency to assault or cause harm to children in his care, or to have certain states of mind towards the deceased." 'Whether the probative value of the tendency evidence substantially outweighs any prejudicial effect.']

Ratio Decidendi

Evidence of the accused's prior conduct towards the deceased and other children is admissible as tendency evidence under s 97 of the Evidence Act 1995 (NSW), as it has significant probative value on the issues in dispute, particularly in relation to the accused's alleged pattern of assaulting children and his state of mind toward the deceased. The probative value outweighs any prejudice, especially as the evidence is already before the jury.

Court Disposition

Evidence admissible as tendency evidence.

Orders

  • ['The evidence may be relied upon by the Crown as tendency evidence.']