Regina v Cakovski [2002] NSWSC 550

Regina v Cakovski [2002] NSWSC 550

The 1978 events were too remote in time, lacked a sufficient nexus with the deceased's conduct in 2001, and would require a difficult and time-consuming reconstruction of surrounding circumstances, so they did not have significant probative value under s 97 and in any event should be excluded under s 135 as unfairly prejudicial to the Crown and likely to cause undue waste of time. The 19 May 2001 attack on Mr Logounov occurred only hours before the stabbing, formed part of the events at the Russian Club that would otherwise be before the jury, and was capable of bearing on the strength or anger of the deceased's response to the accused; its probative value was significant and was not...

Jurisdiction
Australia
Judgment Date
18 June 2002
Procedural Posture
Criminal Murder Trial / Preliminary Evidentiary Ruling on Admissibility of Tendency Evidence
Outcome
Evidence concerning 1978 events rejected; evidence concerning events of 19 May 2001 admitted; rulings on three additional matters deferred.
Legal Topics
['tendency Evidence' 'similar Fact Evidence' 'relevance' 'probative Value' 'unfair Prejudice' 'self Defence' 'evidence Act 1995 Ss 97, 101 and 135']
['criminal Law' 'evidence'] ['tendency Evidence' 'similar Fact Evidence' 'relevance' 'probative Value' 'unfair Prejudice' 'self Defence' 'evidence Act 1995 Ss 97, 101 and 135']

Case Brief

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Procedural Posture

Criminal Murder Trial / Preliminary Evidentiary Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ['Whether evidence that the deceased murdered three people and killed a dog in 1978 should be admitted as tendency or similar fact evidence relevant to self-defence.' 'Whether evidence that the deceased attacked Mr Logounov at a Russian Club on 19 May 2001 should be admitted as tendency evidence relevant to self-defence.' 'Whether otherwise admissible evidence should be excluded under s 135 of the Evidence Act 1995 because its probative value was substantially outweighed by unfair prejudice to the Crown or undue waste of time.' 'Whether s 101 of the Evidence Act 1995 assists in construing or applying s 135.']

Ratio Decidendi

The 1978 events were too remote in time, lacked a sufficient nexus with the deceased's conduct in 2001, and would require a difficult and time-consuming reconstruction of surrounding circumstances, so they did not have significant probative value under s 97 and in any event should be excluded under s 135 as unfairly prejudicial to the Crown and likely to cause undue waste of time. The 19 May 2001 attack on Mr Logounov occurred only hours before the stabbing, formed part of the events at the Russian Club that would otherwise be before the jury, and was capable of bearing on the strength or anger of the deceased's response to the accused; its probative value was significant and was not...

Court Disposition

Evidence concerning 1978 events rejected; evidence concerning events of 19 May 2001 admitted; rulings on three additional matters deferred.

Orders

  • ['Evidence concerning the circumstances of and surrounding the 1978 triple murders is excluded.' 'Evidence concerning the attack by the deceased on Mr Logounov at the Russian Club on the night of 19 May 2001 is admitted.' 'Ruling on the three additional evidentiary matters raised by counsel for the accused is...