R v Walker (No 5) [2017] NSWSC 1028

R v Walker (No 5) [2017] NSWSC 1028

The accused's tendency evidence was admissible because, assuming it would be accepted by the jury and considering it with the other evidence to be adduced, it had significant probative value. It provided not only context but also a potentially different explanation for Ms Locke's reported suicidal ideation, relevant to whether the accused's act or acts caused Ms Locke's fatal injury rather than accident.

Jurisdiction
Australia
Judgment Date
07 August 2017
Procedural Posture
Criminal Proceeding / Procedural Ruling on Tendency Evidence During Hearing
Outcome
Tendency evidence admissible
Legal Topics
['tendency Evidence' 'significant Probative Value' 'evidence Act 1995 (nsw) S 97']
['criminal Law' 'evidence'] ['tendency Evidence' 'significant Probative Value' 'evidence Act 1995 (nsw) S 97']

Case Brief

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Tendency Evidence During Hearing

Legal Issues

  1. 1 ['Whether the tendency evidence served by the accused under s 97 of the Evidence Act 1995 (NSW) had significant probative value and was admissible as tendency evidence.']

Ratio Decidendi

The accused's tendency evidence was admissible because, assuming it would be accepted by the jury and considering it with the other evidence to be adduced, it had significant probative value. It provided not only context but also a potentially different explanation for Ms Locke's reported suicidal ideation, relevant to whether the accused's act or acts caused Ms Locke's fatal injury rather than accident.

Court Disposition

Tendency evidence admissible

Orders

  • ['The tendency evidence the accused sought to advance was admissible.']