R v MR, JB and CS (young persons) (No 3) [2024] NSWSC 259

R v MR, JB and CS (young persons) (No 3) [2024] NSWSC 259

Events 73856475, 79147746, 1111655090 and 87547848, taken at their highest, are sufficient to meet the requirement of significant probative value for admissible tendency evidence supporting the asserted tendencies of the deceased to threaten, provoke, and engage in physical confrontations, including with weapons. The notice requirements under s 97 Evidence Act are dispensed with, and exclusion is not warranted under s 135 Evidence Act as the probative value outweighs any prejudicial effect.

Parties
Crown: Rex; Accused: MR; Accused: JB; Accused: CS
Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Selected tendency evidence is admitted; notice requirements are dispensed with.
Legal Topics
Tendency Evidence, Admissibility of Evidence, Self Defence, Murder
Criminal Law Evidence Tendency Evidence Admissibility of Evidence Self Defence Murder

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Crown

MR

Accused

JB

Accused

CS

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of previous conduct by the deceased is admissible as tendency evidence
  2. 2 Whether tendency evidence has significant probative value
  3. 3 Whether to dispense with notice requirements under s 97 Evidence Act 1995 (NSW)

Ratio Decidendi

Events 73856475, 79147746, 1111655090 and 87547848, taken at their highest, are sufficient to meet the requirement of significant probative value for admissible tendency evidence supporting the asserted tendencies of the deceased to threaten, provoke, and engage in physical confrontations, including with weapons. The notice requirements under s 97 Evidence Act are dispensed with, and exclusion is not warranted under s 135 Evidence Act as the probative value outweighs any prejudicial effect.

Court Disposition

Selected tendency evidence is admitted; notice requirements are dispensed with.

Orders

  • The notice requirements for evidence to be adduced by MR pursuant to s 97 of the Evidence Act 1995 (NSW) are dispensed with.
  • Event 73856475 is admissible tendency evidence (subject to any other objection as to the precise details of the evidence).