R v Da Silva [2016] NSWSC 563

R v Da Silva [2016] NSWSC 563

The proposed evidence concerned repeated violent, possessive, obsessive and controlling conduct by Mr Da Silva towards several former female domestic partners in domestic relationship settings, and when considered with the anticipated evidence concerning his conduct towards Ms Carter after separation, it had significant probative value. Although the evidence was likely to be contested, its source and character did not create prejudice that outweighed its probative value; the probative value substantially outweighed any prejudicial effect under s 101. The Crown was therefore permitted to adduce the tendency evidence.

Jurisdiction
Australia
Judgment Date
02 May 2016
Procedural Posture
Criminal Proceeding; Murder Charge / Procedural Ruling on Crown Tendency Evidence Notice
Outcome
Tendency evidence allowed.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'prejudicial Effect' 'domestic Violence' 'circumstantial Murder Case']
['criminal Law' 'evidence'] ['tendency Evidence' 'significant Probative Value' 'prejudicial Effect' 'domestic Violence' 'circumstantial Murder Case']

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Procedural Posture

Criminal Proceeding; Murder Charge / Procedural Ruling on Crown Tendency Evidence Notice

Legal Issues

  1. 1 ["Whether the Crown's proposed evidence of Mr Da Silva's conduct towards former domestic partners had significant probative value under s 97 of the Evidence Act 1995." 'Whether the probative value of the proposed tendency evidence substantially outweighed any prejudicial effect it may have on Mr Da Silva under s 101 of the Evidence Act 1995.' 'Whether evidence of violence, possessiveness, obsessiveness and controlling behaviour in prior domestic relationships was relevant to the Crown case concerning the alleged murder of Ms Carter.']

Ratio Decidendi

The proposed evidence concerned repeated violent, possessive, obsessive and controlling conduct by Mr Da Silva towards several former female domestic partners in domestic relationship settings, and when considered with the anticipated evidence concerning his conduct towards Ms Carter after separation, it had significant probative value. Although the evidence was likely to be contested, its source and character did not create prejudice that outweighed its probative value; the probative value substantially outweighed any prejudicial effect under s 101. The Crown was therefore permitted to adduce the tendency evidence.

Court Disposition

Tendency evidence allowed.

Orders

  • ['The Crown is allowed to adduce the evidence, the substance of which is identified in its tendency notice dated 2 July 2015.']