R v Russell (No 2) [2022] NSWSC 1793

R v Russell (No 2) [2022] NSWSC 1793

The accused’s application to introduce tendency evidence is accepted since the notice given was reasonable in the circumstances and most of the alleged events in support, if adduced in admissible form, are capable of significant probative value regarding the deceaseds’ tendencies to violent or threatening behaviour. The application to exclude Mr Bangel’s evidence is rejected because the new statements were not relied upon by the Crown and the procedural basis for exclusion is not satisfied under the applicable law.

Parties
Crown: Regina; Accused: Eric George Russell
Jurisdiction
Australia
Judgment Date
21 April 2022
Procedural Posture
Criminal / Procedural Rulings on Pre Trial Applications
Outcome
The accused’s tendency evidence application is accepted; application to exclude Mr Bangel's evidence is rejected.
Legal Topics
Tendency Evidence, Admission and Exclusion of Evidence, Notice Requirements, Preliminary Applications
Criminal Law Evidence Tendency Evidence Admission and Exclusion of Evidence Notice Requirements Preliminary Applications

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 6 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

Eric George Russell

Accused

Procedural Posture

Criminal / Procedural Rulings on Pre Trial Applications

Legal Issues

  1. 1 Whether the accused's application to admit tendency evidence regarding the deceaseds’ prior violent and threatening behaviour should be allowed
  2. 2 Whether the accused's application to exclude evidence previously given by a witness, Mr Bangel, should be granted due to late disclosure of other statements

Ratio Decidendi

The accused’s application to introduce tendency evidence is accepted since the notice given was reasonable in the circumstances and most of the alleged events in support, if adduced in admissible form, are capable of significant probative value regarding the deceaseds’ tendencies to violent or threatening behaviour. The application to exclude Mr Bangel’s evidence is rejected because the new statements were not relied upon by the Crown and the procedural basis for exclusion is not satisfied under the applicable law.

Court Disposition

The accused’s tendency evidence application is accepted; application to exclude Mr Bangel's evidence is rejected.

Orders

  • The accused's application to admit tendency evidence pursuant to the tendency notice is accepted.
  • The accused's application to exclude evidence previously given by a witness, Mr Bangel, is rejected.