R v Chatimba (No 1) [2021] NSWSC 204

R v Chatimba (No 1) [2021] NSWSC 204

The prior incident, although a single incident about three years earlier, had sufficient probative value to establish a sufficiently specific tendency that the deceased, after drinking at the hotel, could engage in unprovoked violence by approaching and punching a person in the head and continuing to punch despite no aggressive response. That tendency was sufficiently connected to the fact in issue because it made more likely the accused's defence account that, after consuming alcohol at the hotel, the deceased initiated and continued the altercation by punching the accused, so the tendency evidence satisfied s 97 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Criminal Proceeding for Murder; Procedural Ruling on Tendency Evidence / Accused's Application to Adduce Tendency Evidence Under S 97 of the Evidence Act 1995 (nsw)
Outcome
Evidence admitted in part
Legal Topics
['tendency Evidence' 'significant Probative Value' 'self Defence or Defence of Another' 'murder']
['criminal Law' 'evidence'] ['tendency Evidence' 'significant Probative Value' 'self Defence or Defence of Another' 'murder']

Case Brief

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Procedural Posture

Criminal Proceeding for Murder; Procedural Ruling on Tendency Evidence / Accused's Application to Adduce Tendency Evidence Under S 97 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether evidence of a previous incident involving the deceased had significant probative value under s 97(1)(b) of the Evidence Act 1995 (NSW).' 'Whether a single prior incident of violence by the deceased was sufficient to establish the tendency relied on by the accused.' "Whether the asserted tendency made more likely the accused's account that the deceased initiated and continued the altercation by punching him after consuming alcohol."]

Ratio Decidendi

The prior incident, although a single incident about three years earlier, had sufficient probative value to establish a sufficiently specific tendency that the deceased, after drinking at the hotel, could engage in unprovoked violence by approaching and punching a person in the head and continuing to punch despite no aggressive response. That tendency was sufficiently connected to the fact in issue because it made more likely the accused's defence account that, after consuming alcohol at the hotel, the deceased initiated and continued the altercation by punching the accused, so the tendency evidence satisfied s 97 of the Evidence Act 1995 (NSW).

Court Disposition

Evidence admitted in part

Orders

  • ['The identified tendency evidence satisfies s 97 of the Evidence Act 1995 (NSW) and is admitted as tendency evidence.' "Admission is subject to the Crown's right to object to that evidence on any other available ground."]