R v Bryce (No 2) [2014] NSWSC 498

R v Bryce (No 2) [2014] NSWSC 498

Taking the proposed evidence at its highest, most of the COPS entries concerning violent and aggressive conduct showed a reasonably consistent pattern of aggressive, threatening and sometimes violent behaviour towards varied persons, giving the evidence capacity to raise a reasonable possibility that the deceased was involved in a violent confrontation with someone other than the accused shortly before death. The self-harm records, despite issues of age and context, were sufficiently numerous and specific to have capacity to affect assessment of the origin of the deceased's injuries. The accused was therefore permitted to adduce the specified violent/aggressive conduct evidence and the...

Jurisdiction
Australia
Judgment Date
29 April 2014
Procedural Posture
Criminal Prosecution; Evidentiary Ruling on Tendency Evidence / Pre Trial Application After Arraignment and Before Jury Empanelment
Outcome
Application allowed in part; accused permitted to adduce specified tendency evidence.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'violent and Aggressive Conduct of Deceased' 'self Harm by Deceased' 'cops Entries' 'business Records Exception to Hearsay']
['criminal Law' 'evidence'] ['tendency Evidence' 'significant Probative Value' 'violent and Aggressive Conduct of Deceased' 'self Harm by Deceased' 'cops Entries' 'business Records Exception to Hearsay']

Case Brief

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Procedural Posture

Criminal Prosecution; Evidentiary Ruling on Tendency Evidence / Pre Trial Application After Arraignment and Before Jury Empanelment

Legal Issues

  1. 1 ['Whether the accused may adduce tendency evidence that the deceased had a tendency to engage in violent and aggressive behaviour.' 'Whether the accused may adduce tendency evidence that the deceased had a tendency towards self-harm.' 'Whether the proposed tendency evidence has significant probative value for the purposes of s 97(1)(b) of the Evidence Act 1995 (NSW).' 'Whether COPS reports relied on in the tendency notice are affected by s 69(3)(b) of the Evidence Act 1995 (NSW).']

Ratio Decidendi

Taking the proposed evidence at its highest, most of the COPS entries concerning violent and aggressive conduct showed a reasonably consistent pattern of aggressive, threatening and sometimes violent behaviour towards varied persons, giving the evidence capacity to raise a reasonable possibility that the deceased was involved in a violent confrontation with someone other than the accused shortly before death. The self-harm records, despite issues of age and context, were sufficiently numerous and specific to have capacity to affect assessment of the origin of the deceased's injuries. The accused was therefore permitted to adduce the specified violent/aggressive conduct evidence and the...

Court Disposition

Application allowed in part; accused permitted to adduce specified tendency evidence.

Orders

  • ['The accused may adduce evidence of the conduct of the deceased referable to the alleged tendency of the deceased to behave aggressively and violently as described in entries 1 to 3, 7 and 8, 10 to 14, 16 to 22 and 26 to 27 of the Tendency Notice dated 22 April 2014.' 'The accused may adduce evidence of the conduct...