R v Turnbull (No. 4) [2016] NSWSC 705

R v Turnbull (No. 4) [2016] NSWSC 705

The tendency notice and the proposed reliance on extreme provocation sufficiently crystallised issues concerning s.23 Crimes Act 1900, relevance, significant probative value, and admissibility or use of evidence, including questions of law suitable for determination under s.139 Criminal Procedure Act 1986 and s.192A Evidence Act 1995. A pretrial hearing and determination were therefore appropriate.

Jurisdiction
Australia
Judgment Date
11 April 2016
Procedural Posture
Criminal Murder Trial / Pretrial Hearing for Rulings on Tendency Notice and Reliance Upon Extreme Provocation
Outcome
Pretrial hearing to proceed for rulings on the Accused's tendency notice and the related issue of reliance upon extreme provocation.
Legal Topics
['murder' 'partial Defence of Extreme Provocation' 'tendency Evidence' 'pretrial Rulings' 'substantial Impairment by Abnormality of Mind']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder' 'partial Defence of Extreme Provocation' 'tendency Evidence' 'pretrial Rulings' 'substantial Impairment by Abnormality of Mind']

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 Murder Trial / Pretrial Hearing for Rulings on Tendency Notice and Reliance Upon Extreme Provocation

Legal Issues

  1. 1 ["Whether issues concerning the Accused's tendency notice and proposed reliance on the partial defence of extreme provocation were appropriate for pretrial hearing and determination." 'Whether the Court should make advance rulings concerning significant probative value, relevance, admissibility or use of proposed tendency evidence.' 'How s.23 Crimes Act 1900 should be applied where the alleged provocation was said to be stalking or intimidation by a deceased acting as an investigating officer under the Native Vegetation Act 2003.']

Ratio Decidendi

The tendency notice and the proposed reliance on extreme provocation sufficiently crystallised issues concerning s.23 Crimes Act 1900, relevance, significant probative value, and admissibility or use of evidence, including questions of law suitable for determination under s.139 Criminal Procedure Act 1986 and s.192A Evidence Act 1995. A pretrial hearing and determination were therefore appropriate.

Court Disposition

Pretrial hearing to proceed for rulings on the Accused's tendency notice and the related issue of reliance upon extreme provocation.

Orders

  • ['The jury panel be put back until Monday, 18 April.']