R v Brooks [2017] NSWSC 188

R v Brooks [2017] NSWSC 188

Evidence of post-offence conduct by the accused is admissible as it possesses relevance and probative value with respect to the accused's knowledge and intention, although its capacity to distinguish between guilt for murder or manslaughter is limited; formal admissions do not bar the Crown from adducing further evidence, but may affect relevance and probative value. Certain evidence (such as the purchase of the knife, phone intercepts, forensic photos, and threats made during a prior incident) is excluded for lack of probative value or risk of unfair prejudice.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Criminal / Evidentiary Ruling Prior to Trial
Outcome
Evidentiary rulings; partial admissibility; advance ruling made
Legal Topics
['post Offence Conduct' 'consciousness of Guilt' 'evidentiary Rulings' 'admissions' 'self Defence' 'probative Value Vs Prejudicial Effect' 'advance Ruling']
['criminal Law' 'evidence'] ['post Offence Conduct' 'consciousness of Guilt' 'evidentiary Rulings' 'admissions' 'self Defence' 'probative Value Vs Prejudicial Effect' 'advance Ruling']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether evidence of post-offence conduct is admissible to establish consciousness of guilt where conduct may be explained by an attempt to distance from the incident' 'Whether formal admissions preclude prosecution from adducing evidence of admitted facts' 'Assessment of probative value and prejudicial effect of various items of evidence' 'Admissibility of evidence relating to an earlier assault and threats']

Ratio Decidendi

Evidence of post-offence conduct by the accused is admissible as it possesses relevance and probative value with respect to the accused's knowledge and intention, although its capacity to distinguish between guilt for murder or manslaughter is limited; formal admissions do not bar the Crown from adducing further evidence, but may affect relevance and probative value. Certain evidence (such as the purchase of the knife, phone intercepts, forensic photos, and threats made during a prior incident) is excluded for lack of probative value or risk of unfair prejudice.

Court Disposition

Evidentiary rulings; partial admissibility; advance ruling made

Orders

  • ['Evidence of Madison Valentine concerning purchase of knife is not admissible.' 'Evidence of Madison Valentine concerning oral admissions made by accused is admissible.' 'Telephone intercepts between Madison Valentine and accused dated 3 and 22 October 2015 are not admissible.' "Evidence that Madison Valentine...