R v Wilson (No 3) [2017] NSWSC 1680

R v Wilson (No 3) [2017] NSWSC 1680

Both Mr Shepstone's and Ms Wilson's asserted tendencies are established by the evidence, are relevant to issues in the case—including Ms Wilson’s defences of self-defence, provocation, and impaired mental capacity—and have significant probative value. The absence of alcohol consumption immediately before the offence does not disqualify the tendency evidence. Accordingly, the proposed tendency evidence is admissible.

Parties
Crown: Regina; Accused: Pearl Marie Wilson
Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Criminal / Special Hearing (judge Alone) Regarding Admissibility of Tendency Evidence
Outcome
Tendency evidence is admissible
Legal Topics
Murder, Tendency Evidence, Admissibility of Evidence, Self Defence, Provocation, Mental Impairment
Criminal Law Murder Tendency Evidence Admissibility of Evidence Self Defence Provocation Mental Impairment

Case Brief

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Parties

Regina

Crown

Pearl Marie Wilson

Accused

Procedural Posture

Criminal / Special Hearing (judge Alone) Regarding Admissibility of Tendency Evidence

Legal Issues

  1. 1 Whether tendency evidence of the victim's prior violent conduct and the accused's reluctance to report assaults is admissible under s 97 of the Evidence Act 1995 (NSW) and relevant to the defences raised

Ratio Decidendi

Both Mr Shepstone's and Ms Wilson's asserted tendencies are established by the evidence, are relevant to issues in the case—including Ms Wilson’s defences of self-defence, provocation, and impaired mental capacity—and have significant probative value. The absence of alcohol consumption immediately before the offence does not disqualify the tendency evidence. Accordingly, the proposed tendency evidence is admissible.

Court Disposition

Tendency evidence is admissible

Orders

  • The proposed tendency evidence is admissible