R v Walker (No 6) [2017] NSWSC 1029

R v Walker (No 6) [2017] NSWSC 1029

The further part of Elisha Locke’s evidence did not support the existence of the alleged tendency of the accused to act violently towards Ms Locke, and it lacked significant probative value, thus was not admissible as tendency evidence. However, evidence about the relationship and emotional state of Ms Locke was relevant and admissible as relationship evidence to provide context for the jury.

Parties
Crown: Regina; Accused: Jamie Christopher Walker
Jurisdiction
Australia
Judgment Date
07 August 2017
Procedural Posture
Criminal / Evidentiary Interlocutory Ruling
Outcome
Further tendency evidence not admissible; relationship evidence admissible.
Legal Topics
Evidence, Tendency Evidence, Relationship Evidence
Criminal Law Evidence Tendency Evidence Relationship Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Jamie Christopher Walker

Accused

Procedural Posture

Criminal / Evidentiary Interlocutory Ruling

Legal Issues

  1. 1 Whether further tendency evidence is admissible
  2. 2 Whether relationship evidence is admissible

Ratio Decidendi

The further part of Elisha Locke’s evidence did not support the existence of the alleged tendency of the accused to act violently towards Ms Locke, and it lacked significant probative value, thus was not admissible as tendency evidence. However, evidence about the relationship and emotional state of Ms Locke was relevant and admissible as relationship evidence to provide context for the jury.

Court Disposition

Further tendency evidence not admissible; relationship evidence admissible.

Orders

  • The further tendency evidence is excluded.
  • The relationship evidence as set out is admissible.