R v Turnbull (No. 5) [2016] NSWSC 439

R v Turnbull (No. 5) [2016] NSWSC 439

The conduct of the deceased relied upon by the Accused, as identified in the judgment, is not capable of constituting a serious indictable offence under s.13 Crimes (Domestic and Personal Violence) Act 2007 for the purpose of s.23(2)(b) Crimes Act 1900. Consequently, the application by the Accused to rely upon tendency evidence is declined, as it does not have significant probative value relevant to the issues at trial.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Criminal / Pre Trial Hearing
Outcome
Application declined
Legal Topics
['extreme Provocation' 'tendency Evidence' 'murder' 'serious Indictable Offence' 'statutory Interpretation']
['criminal Law'] ['extreme Provocation' 'tendency Evidence' 'murder' 'serious Indictable Offence' 'statutory Interpretation']

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Procedural Posture

Criminal / Pre Trial Hearing

Legal Issues

  1. 1 ['Whether the conduct of the deceased constituted a serious indictable offence under s.13 Crimes (Domestic and Personal Violence) Act 2007 for the purpose of s.23(2)(b) Crimes Act 1900' 'Whether tendency evidence relating to the deceased is admissible']

Ratio Decidendi

The conduct of the deceased relied upon by the Accused, as identified in the judgment, is not capable of constituting a serious indictable offence under s.13 Crimes (Domestic and Personal Violence) Act 2007 for the purpose of s.23(2)(b) Crimes Act 1900. Consequently, the application by the Accused to rely upon tendency evidence is declined, as it does not have significant probative value relevant to the issues at trial.

Court Disposition

Application declined

Orders

  • ['The conduct of the deceased relied upon by the Accused is not capable of constituting a serious indictable offence under s.13 Crimes (Domestic and Personal Violence) Act 2007 for the purpose of s.23(2)(b) Crimes Act 1900.' 'The application of the Accused to rely upon tendency evidence is declined.']