R v Smith [2016] NSWDC 92

R v Smith [2016] NSWDC 92

The accused's own March 2013 travel to Australia and his subsequent admissions, representations and documents about that trip had significant probative value in establishing at least the pleaded tendency to act in a particular way, and any prejudice or unfair prejudice could be addressed by directions. By contrast, evidence about Niko Nuora and Eric Van Zwam's recruitment, interception, possession of border controlled drugs and dealings with investigators did not have significant probative value to prove the accused's pleaded tendencies because it concerned the actions and states of mind of others and did not establish relevant admissions or knowledge by the accused; in any event it...

Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Criminal / Application by Accused to Exclude Evidence on Voir Dire
Outcome
Application allowed in part; evidence of the accused's March 2013 travel to Australia admitted for tendency purposes, while evidence concerning Niko Nuora and Eric Van Zwam and the accused's Indonesia trip was excluded.
Legal Topics
['tendency Evidence' 'relevance' 'significant Probative Value' 'prejudicial Effect' 'unfair Prejudice' 'border Controlled Drugs']
['criminal Law' 'evidence'] ['tendency Evidence' 'relevance' 'significant Probative Value' 'prejudicial Effect' 'unfair Prejudice' 'border Controlled Drugs']

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Procedural Posture

Criminal / Application by Accused to Exclude Evidence on Voir Dire

Legal Issues

  1. 1 ["Whether evidence concerning the accused's March 2013 travel to Australia and later representations about that trip was relevant and admissible as tendency evidence." 'Whether evidence concerning the travel, arrest, recruitment and alleged importation by Niko Nuora and Eric Van Zwam was admissible against the accused as tendency evidence or context evidence.' "Whether evidence concerning the accused's May to June 2013 travel to Indonesia was admissible as tendency evidence or context evidence." 'Whether the probative value of the prosecution evidence substantially outweighed any prejudicial effect under s 101(2) of the Evidence Act 1995 and was not outweighed by the danger of unfair prejudice under s 137.']

Ratio Decidendi

The accused's own March 2013 travel to Australia and his subsequent admissions, representations and documents about that trip had significant probative value in establishing at least the pleaded tendency to act in a particular way, and any prejudice or unfair prejudice could be addressed by directions. By contrast, evidence about Niko Nuora and Eric Van Zwam's recruitment, interception, possession of border controlled drugs and dealings with investigators did not have significant probative value to prove the accused's pleaded tendencies because it concerned the actions and states of mind of others and did not establish relevant admissions or knowledge by the accused; in any event it...

Court Disposition

Application allowed in part; evidence of the accused's March 2013 travel to Australia admitted for tendency purposes, while evidence concerning Niko Nuora and Eric Van Zwam and the accused's Indonesia trip was excluded.

Orders

  • ["Evidence of the accused's trip to Sydney in March 2013 and subsequent admissions, representations or documents created by the accused pertinent to that trip admitted." 'Evidence of the recruitment, interception and subsequent dealings of investigators with Niko Nuora and Eric Van Zwam excluded.' 'Evidence of what...