R v Walker (No 2) [2017] NSWSC 1008

R v Walker (No 2) [2017] NSWSC 1008

Elisha Locke's evidence was admissible as tendency evidence because, although it concerned events in 2000, it was direct evidence of violence by Mr Walker towards Ms Locke in their home during a long domestic relationship and, when considered with the other unobjected-to tendency evidence, had significant probative value and its probative value substantially outweighed its prejudicial effect. Ms Large's evidence about a thrown "cuppa" was not admissible as tendency evidence because it was not influential in resolving whether Ms Locke's injuries were caused deliberately or accidentally, but it was admissible as relationship evidence and was not excluded under s 137 because its probative...

Jurisdiction
Australia
Judgment Date
31 July 2017
Procedural Posture
Criminal Proceeding for Murder / Procedural and Other Ruling on Admissibility of Tendency Evidence and Relationship Evidence
Outcome
Evidence admissible.
Legal Topics
['tendency Evidence' 'relationship Evidence' 'murder' 'domestic Violence' 'probative Value' 'unfair Prejudice']
['criminal Law' 'evidence'] ['tendency Evidence' 'relationship Evidence' 'murder' 'domestic Violence' 'probative Value' 'unfair Prejudice']

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Procedural Posture

Criminal Proceeding for Murder / Procedural and Other Ruling on Admissibility of Tendency Evidence and Relationship Evidence

Legal Issues

  1. 1 ["Whether Elisha Locke's evidence had significant probative value as tendency evidence under s 97 of the Evidence Act 1995 (NSW)." "Whether the probative value of Elisha Locke's evidence substantially outweighed any prejudicial effect under s 101 of the Evidence Act 1995 (NSW)." 'Whether Ms Large\'s evidence about a thrown "cuppa" had significant probative value as tendency evidence.' "Whether Ms Large's relationship evidence should be excluded under s 137 of the Evidence Act 1995 (NSW)."]

Ratio Decidendi

Elisha Locke's evidence was admissible as tendency evidence because, although it concerned events in 2000, it was direct evidence of violence by Mr Walker towards Ms Locke in their home during a long domestic relationship and, when considered with the other unobjected-to tendency evidence, had significant probative value and its probative value substantially outweighed its prejudicial effect. Ms Large's evidence about a thrown "cuppa" was not admissible as tendency evidence because it was not influential in resolving whether Ms Locke's injuries were caused deliberately or accidentally, but it was admissible as relationship evidence and was not excluded under s 137 because its probative...

Court Disposition

Evidence admissible.

Orders

  • ['The objection to the tendency evidence that Elisha Locke would give was not upheld.' "Ms Large's evidence was not admissible as tendency evidence." "Ms Large's evidence was admissible as relationship evidence and was not excluded under s 137."]