R v Latu [2018] NSWSC 1659

R v Latu [2018] NSWSC 1659

The disputed tendency evidence was relevant, supported the identified tendency that the accused, when angry in intimate domestic relationships, used physical force to the head region of his partners, and had significant probative value because of its common features with the alleged fatal assault and the forensic evidence of head and facial injuries. Its probative value substantially outweighed any prejudicial effect, and the proposed three-year temporal cut-off was not supported by the Evidence Act or authority. The disputed relationship evidence was also relevant to motive, intent, control, the dynamics of the relationship, and context for the jury, and was not excluded under ss 135 or...

Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Criminal Proceeding for Murder; Pre Trial Evidentiary Ruling / Voir Dire on Admissibility of Tendency and Relationship Evidence Before Trial
Outcome
The tendency and relationship evidence in issue was admitted.
Legal Topics
['tendency Evidence' 'relationship Evidence' 'murder Trial' 'domestic Violence Evidence' 'relevance' 'probative Value' 'unfair Prejudice']
['criminal Law' 'evidence'] ['tendency Evidence' 'relationship Evidence' 'murder Trial' 'domestic Violence Evidence' 'relevance' 'probative Value' 'unfair Prejudice']

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 Proceeding for Murder; Pre Trial Evidentiary Ruling / Voir Dire on Admissibility of Tendency and Relationship Evidence Before Trial

Legal Issues

  1. 1 ['Whether the disputed tendency evidence concerning assaults on the deceased and Hayley Bingley was relevant and had significant probative value under ss 55 and 97 of the Evidence Act 1995 (NSW).' 'Whether the probative value of the prosecution tendency evidence substantially outweighed any prejudicial effect under s 101 of the Evidence Act 1995 (NSW).' 'Whether incidents occurring more than three years before the alleged homicide were too remote, stale or unfairly prejudicial to be admitted as tendency evidence.' 'Whether disputed categories of relationship evidence concerning jealousy, threats, financial control, making the deceased drive the accused places, and telling the deceased to terminate a pregnancy were admissible.' 'Whether the evidence should be excluded under ss 135 or 137 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

The disputed tendency evidence was relevant, supported the identified tendency that the accused, when angry in intimate domestic relationships, used physical force to the head region of his partners, and had significant probative value because of its common features with the alleged fatal assault and the forensic evidence of head and facial injuries. Its probative value substantially outweighed any prejudicial effect, and the proposed three-year temporal cut-off was not supported by the Evidence Act or authority. The disputed relationship evidence was also relevant to motive, intent, control, the dynamics of the relationship, and context for the jury, and was not excluded under ss 135 or...

Court Disposition

The tendency and relationship evidence in issue was admitted.

Orders

  • ['The tendency and relationship evidence in issue is admitted.']