R v Kaewklom (No. 1) [2012] NSWSC 1103

R v Kaewklom (No. 1) [2012] NSWSC 1103

Evidence of the ERISP of 14 February 2011, evidence of the '000' call of 10 February 2011, and tendency evidence concerning the assault on X are all admissible in the trial. Each is relevant to the partial defence of substantial mental impairment, the accused's state of mind, and forms part of connected events leading to the alleged murder, with any prejudicial effect not outweighing probative value. The accused failed to establish impropriety or illegality in the conduct of the police regarding the ERISP, and leave is granted to rely on substantial mental impairment defence despite late notice.

Jurisdiction
Australia
Judgment Date
17 September 2012
Procedural Posture
Criminal / Pretrial Ruling Prior to Trial on Charge of Murder
Outcome
Evidence (ERISP of 14 February 2011, '000' call, tendency evidence) admitted; accused convicted of murder following guilty plea before jury.
Legal Topics
['murder' 'substantial Mental Impairment' 'tendency Evidence' 'admissibility of Evidence' 'procedural Rulings']
['criminal Law'] ['murder' 'substantial Mental Impairment' 'tendency Evidence' 'admissibility of Evidence' 'procedural Rulings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pretrial Ruling Prior to Trial on Charge of Murder

Legal Issues

  1. 1 ['Whether evidence of prior assault on X is admissible at trial as tendency evidence' 'Whether ERISP dated 14 February 2011 is admissible' "Whether the '000' call recording is admissible" 'Whether late notice of intention to adduce substantial mental impairment defence should be allowed']

Ratio Decidendi

Evidence of the ERISP of 14 February 2011, evidence of the '000' call of 10 February 2011, and tendency evidence concerning the assault on X are all admissible in the trial. Each is relevant to the partial defence of substantial mental impairment, the accused's state of mind, and forms part of connected events leading to the alleged murder, with any prejudicial effect not outweighing probative value. The accused failed to establish impropriety or illegality in the conduct of the police regarding the ERISP, and leave is granted to rely on substantial mental impairment defence despite late notice.

Court Disposition

Evidence (ERISP of 14 February 2011, '000' call, tendency evidence) admitted; accused convicted of murder following guilty plea before jury.

Orders

  • ['The Crown is permitted to adduce evidence of the ERISP of 14 February 2011 concerning the assault on X.' "The Crown is permitted to adduce evidence of the '000' call made on 10 February 2011." 'The Crown is permitted to adduce tendency evidence as identified in the notice dated 15 August 2012.' 'Leave granted for...