R v Jacobs (No 5) [2013] NSWSC 946

R v Jacobs (No 5) [2013] NSWSC 946

Evidence of Mr Price’s manslaughter conviction is admissible as tendency evidence because it has significant probative value in the context of the defence’s alternative offender case, and is not merely credibility evidence. Other past convictions of Mr Price do not reach the necessary probative value for admissibility as tendency evidence. Proposed tendency evidence relating to the accused's verbal threats involving firearms does not have sufficient probative value or clarity of context and is inadmissible, given the substantial prejudicial risk outweighing any probative force.

Jurisdiction
Australia
Judgment Date
26 June 2013
Procedural Posture
Criminal / Advance Evidentiary Ruling Prior To/during Trial
Outcome
Advanced ruling on admissibility of evidence granted.
Legal Topics
['tendency Evidence' 'admissibility of Evidence' 'credibility of Witnesses']
['evidence Law' 'criminal Law'] ['tendency Evidence' 'admissibility of Evidence' 'credibility of Witnesses']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Advance Evidentiary Ruling Prior To/during Trial

Legal Issues

  1. 1 ['Whether manslaughter conviction of Crown witness Mr Price is admissible as tendency evidence' "Whether other aspects of Mr Price's criminal record are admissible as tendency evidence" 'Whether proposed tendency evidence about the accused is admissible']

Ratio Decidendi

Evidence of Mr Price’s manslaughter conviction is admissible as tendency evidence because it has significant probative value in the context of the defence’s alternative offender case, and is not merely credibility evidence. Other past convictions of Mr Price do not reach the necessary probative value for admissibility as tendency evidence. Proposed tendency evidence relating to the accused's verbal threats involving firearms does not have sufficient probative value or clarity of context and is inadmissible, given the substantial prejudicial risk outweighing any probative force.

Court Disposition

Advanced ruling on admissibility of evidence granted.

Orders

  • ['The evidence relating to the manslaughter committed by Mr Terrence Price is admissible.' 'The evidence with regard to other matters on the criminal record of Mr Price is inadmissible, at least with regard to tendency purposes.' 'There would be no credibility consequences to the accused if the facts relating to the...