R v Batak (No 2) [2022] NSWSC 425

R v Batak (No 2) [2022] NSWSC 425

The evidence of the accused's post-offence conversations and conduct is admissible as tendency evidence because, if accepted by the jury, it is capable of having significant probative value in supporting the Crown contention that the accused had a tendency to plan and participate in drug rips for profit, which is relevant to facts in issue. The risk of unfair prejudice does not outweigh the probative value given judicial directions, and the evidence is sufficiently discrete in time and subject matter to enable appropriate management by the trial judge.

Jurisdiction
Australia
Judgment Date
20 April 2022
Procedural Posture
Criminal / Evidentiary Ruling on Admissibility of Tendency Evidence Prior To/during Trial
Outcome
Tendency evidence admissible
Legal Topics
['tendency Evidence' 'drug Offences' 'admissibility of Evidence']
['evidence' 'criminal Law'] ['tendency Evidence' 'drug Offences' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling on Admissibility of Tendency Evidence Prior To/during Trial

Legal Issues

  1. 1 ["Whether evidence of accused's post-offence conduct is admissible as tendency evidence under Evidence Act 1995 (NSW) ss 97 and 101" 'Whether the probative value of the tendency evidence outweighs any unfair prejudice']

Ratio Decidendi

The evidence of the accused's post-offence conversations and conduct is admissible as tendency evidence because, if accepted by the jury, it is capable of having significant probative value in supporting the Crown contention that the accused had a tendency to plan and participate in drug rips for profit, which is relevant to facts in issue. The risk of unfair prejudice does not outweigh the probative value given judicial directions, and the evidence is sufficiently discrete in time and subject matter to enable appropriate management by the trial judge.

Court Disposition

Tendency evidence admissible

Orders

  • ['Tendency evidence as proposed, subject to editing by the Crown, is admissible.']