R v Folbigg [2002] NSWSC 1127

R v Folbigg [2002] NSWSC 1127

The application for severance of the indictment is refused and the tendency and coincidence evidence is admissible on all counts because the factual and contextual similarities across the deaths and ALTE, supported by medical and circumstantial evidence, meet the high probative value threshold and outweigh any potential unfair prejudice. Each event cannot be properly assessed in isolation from the others. Suitable jury directions are available to manage any risk of misuse of the evidence.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Criminal / Interlocutory Application for Severance and Evidentiary Ruling Prior to Trial
Outcome
Application for separate trials refused. Tendency and coincidence evidence admissible on a limited basis.
Legal Topics
['murder' 'infanticide' 'tendency Evidence' 'coincidence Evidence' 'severance of Charges']
['criminal Law' 'evidence'] ['murder' 'infanticide' 'tendency Evidence' 'coincidence Evidence' 'severance of Charges']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application for Severance and Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether counts for the murder of four children and one attempted murder should be severed and heard separately' 'Whether tendency and coincidence evidence relating to the deaths of each child and alleged life-threatening event is admissible on each count' 'Whether the probative value of the tendency and coincidence evidence outweighs any prejudicial effect under the Evidence Act 1995']

Ratio Decidendi

The application for severance of the indictment is refused and the tendency and coincidence evidence is admissible on all counts because the factual and contextual similarities across the deaths and ALTE, supported by medical and circumstantial evidence, meet the high probative value threshold and outweigh any potential unfair prejudice. Each event cannot be properly assessed in isolation from the others. Suitable jury directions are available to manage any risk of misuse of the evidence.

Court Disposition

Application for separate trials refused. Tendency and coincidence evidence admissible on a limited basis.

Orders

  • ['Application for severance dismissed' 'Evidence of each death and the life-threatening event admissible on all counts as coincidence and tendency evidence' 'Order that reasons not be published until further order']