R v Hines (No 1) [2014] NSWSC 701

R v Hines (No 1) [2014] NSWSC 701

The evidence concerning the alleged assault on Teegan Jones was relevant to the accused's state of mind, but its probative value was significantly reduced by evidence that police saw the accused later in good spirits and calm, and by the dearth of evidence about his conduct during the intervening period. The danger of unfair prejudice, including the risk of tendency reasoning and prejudice arising from the domestic relationship context, outweighed its probative value, so s 137 required exclusion and count (2) had to be severed. Count (3) was not severed because the alleged cutting of Caylan Jones occurred within seconds of the fatal incident, involved the same witnesses, its evidence was...

Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Criminal Proceeding on Indictment Including Murder and Assault Occasioning Actual Bodily Harm Counts / Pre Trial Notice of Motion by the Accused for Severance of Counts and Exclusion of Evidence
Outcome
Count (2) severed and evidence concerning that count excluded; application to sever count (3) refused.
Legal Topics
['severance of Counts' 'separate Trials' 'assault Occasioning Actual Bodily Harm' 'murder' "accused's State of Mind" 'transactional Evidence' 'unfair Prejudice' 'relevance']
['criminal Law' 'evidence' 'criminal Procedure'] ['severance of Counts' 'separate Trials' 'assault Occasioning Actual Bodily Harm' 'murder' "accused's State of Mind" 'transactional Evidence' 'unfair Prejudice' 'relevance']

Case Brief

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Procedural Posture

Criminal Proceeding on Indictment Including Murder and Assault Occasioning Actual Bodily Harm Counts / Pre Trial Notice of Motion by the Accused for Severance of Counts and Exclusion of Evidence

Legal Issues

  1. 1 ['Whether count (2), alleging assault occasioning actual bodily harm against Teegan Jones, should be severed from the indictment and tried separately.' "Whether evidence of the events giving rise to count (2) was admissible in the murder trial as relevant to the accused's state of mind or should be excluded under s 137 Evidence Act 1995 (NSW)." 'Whether count (3), alleging assault occasioning actual bodily harm against Caylan Jones, should be severed from the indictment.' 'Whether joinder of count (3) would prejudice or embarrass the accused in his defence under s 21 Criminal Procedure Act 1986 (NSW).']

Ratio Decidendi

The evidence concerning the alleged assault on Teegan Jones was relevant to the accused's state of mind, but its probative value was significantly reduced by evidence that police saw the accused later in good spirits and calm, and by the dearth of evidence about his conduct during the intervening period. The danger of unfair prejudice, including the risk of tendency reasoning and prejudice arising from the domestic relationship context, outweighed its probative value, so s 137 required exclusion and count (2) had to be severed. Count (3) was not severed because the alleged cutting of Caylan Jones occurred within seconds of the fatal incident, involved the same witnesses, its evidence was...

Court Disposition

Count (2) severed and evidence concerning that count excluded; application to sever count (3) refused.

Orders

  • ['Count (2) is to be severed from the indictment and there is to be a separate trial in respect of that count.' 'The evidence of the events giving rise to the allegation in count (2) is excluded.' 'The application for severance of count (3) is refused.']