R v Basanovic and ors (No. 3) [2015] NSWSC 1092

R v Basanovic and ors (No. 3) [2015] NSWSC 1092

The requirement for a tendency notice is dispensed with as the evidence relating to the deceased's ability to arrange for others to assault or deal with persons was already contained in the witness statement served by the Crown, and the Crown is not prejudiced. This evidence is admissible to make less improbable the beliefs and reactions of the accused.

Parties
Accused: Michael Basanovic; Accused: Wade Adil Basanovic; Accused: Brian Brown; Prosecution: Crown
Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
The question is allowed.
Legal Topics
Murder, Self Defence, Defence of Another, Tendency Evidence, Evidence Admissibility
Criminal Law Murder Self Defence Defence of Another Tendency Evidence Evidence Admissibility

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Parties

Michael Basanovic

Accused

Wade Adil Basanovic

Accused

Brian Brown

Accused

Crown

Prosecution

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether certain evidence regarding the deceased's behaviour is tendency evidence and thus requires a tendency notice under s 97 of the Evidence Act 1995 (NSW)
  2. 2 Whether such evidence is admissible to render less improbable the beliefs and actions of the accused

Ratio Decidendi

The requirement for a tendency notice is dispensed with as the evidence relating to the deceased's ability to arrange for others to assault or deal with persons was already contained in the witness statement served by the Crown, and the Crown is not prejudiced. This evidence is admissible to make less improbable the beliefs and reactions of the accused.

Court Disposition

The question is allowed.

Orders

  • The requirement for a tendency notice is dispensed with.
  • The evidence is admissible.