R v Martin (No 2) [2024] NSWSC 969

R v Martin (No 2) [2024] NSWSC 969

The tendency evidence relating to the deceased's alleged aggressive, possessive, and violent behaviour toward Ms Maxie Wilson is admissible because it has significant probative value in assessing the nature of the altercation and the accused's claim of self-defence, satisfying the requirements of s 97(1)(b) of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
16 July 2024
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Application granted
Legal Topics
['tendency Evidence' 'self Defence' 'admissibility of Evidence']
['evidence Law' 'criminal Law'] ['tendency Evidence' 'self Defence' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether tendency evidence is admissible under s 97(1) of the Evidence Act 1995 (NSW)' 'Whether tendency evidence has significant probative value in relation to the conduct of the deceased and the accused’s self-defence claim']

Ratio Decidendi

The tendency evidence relating to the deceased's alleged aggressive, possessive, and violent behaviour toward Ms Maxie Wilson is admissible because it has significant probative value in assessing the nature of the altercation and the accused's claim of self-defence, satisfying the requirements of s 97(1)(b) of the Evidence Act 1995 (NSW).

Court Disposition

Application granted

Orders

  • ['The accused may adduce evidence of the conduct of the deceased referable to the alleged tendency of the deceased to act in an aggressive or violent manner towards someone with whom he was in a relationship, in particular Ms Maxie Wilson as described in items 1-9 of the amended tendency notice dated 8 July 2024.'...