R v BT [2017] NSWSC 1094

R v BT [2017] NSWSC 1094

The evidence of prior acts of violence by the accused toward HT was admitted because its probative value, in light of the medical and eye-witness evidence, substantially outweighed its prejudicial effect. The evidence regarding alleged violence towards the other children was excluded because it did not have significant probative value or its value was outweighed by its prejudicial effect.

Jurisdiction
Australia
Judgment Date
12 July 2017
Procedural Posture
Criminal / Ruling on Admissibility of Tendency Evidence During Trial
Outcome
Tendency evidence admitted in part
Legal Topics
['tendency Evidence' 'admissibility of Evidence' 'probative Value Vs Prejudicial Effect']
['criminal Law'] ['tendency Evidence' 'admissibility of Evidence' 'probative Value Vs Prejudicial Effect']

Case Brief

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Procedural Posture

Criminal / Ruling on Admissibility of Tendency Evidence During Trial

Legal Issues

  1. 1 ['Whether tendency evidence relating to prior acts of violence by the accused against his baby and other children is admissible in the murder trial']

Ratio Decidendi

The evidence of prior acts of violence by the accused toward HT was admitted because its probative value, in light of the medical and eye-witness evidence, substantially outweighed its prejudicial effect. The evidence regarding alleged violence towards the other children was excluded because it did not have significant probative value or its value was outweighed by its prejudicial effect.

Court Disposition

Tendency evidence admitted in part

Orders

  • ["Evidence of accused's prior violence towards HT admitted as tendency evidence." "Evidence of accused's violence towards other children in his care excluded."]