R v Anderson [2015] NSWSC 1474

R v Anderson [2015] NSWSC 1474

Tendency evidence was excluded due to lack of reasonable notice, undue prejudice to the accused, and failure to meet the balancing test under s 101 of the Evidence Act. The relationship evidence provided by Nardia Simms-Green was admitted as relevant to the volatility of the relationship. Evidence from Aaron Timbery regarding admissions by the accused was admitted; the judge was satisfied there was no unfairness under s 90, but indicated a warning to the jury as to potential unreliability was appropriate.

Parties
Crown: Regina; Accused: Christopher Anderson
Jurisdiction
Australia
Judgment Date
27 May 2015
Procedural Posture
Criminal Trial / Trial Rulings
Outcome
Tendency evidence excluded; evidence of Nardia Simms-Green and Aaron Timbery admitted.
Legal Topics
Tendency Evidence, Relationship Evidence, Admissibility of Evidence, Unreliable Witness, Admissions
Criminal Law Evidence Tendency Evidence Relationship Evidence Admissibility of Evidence Unreliable Witness Admissions

Case Brief

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Parties

Regina

Crown

Christopher Anderson

Accused

Procedural Posture

Criminal Trial / Trial Rulings

Legal Issues

  1. 1 Whether tendency evidence should be admitted given lack of reasonable notice and whether its probative value outweighed any prejudicial effect under Evidence Act 1995 (NSW) ss 97, 100, 101
  2. 2 Whether evidence of prior relationship/volatile behaviour admissible as relationship evidence
  3. 3 Whether evidence of admissions made by accused to a witness who cannot recall the events is admissible under Evidence Act 1995 (NSW) ss 32, 38, 66, 90

Ratio Decidendi

Tendency evidence was excluded due to lack of reasonable notice, undue prejudice to the accused, and failure to meet the balancing test under s 101 of the Evidence Act. The relationship evidence provided by Nardia Simms-Green was admitted as relevant to the volatility of the relationship. Evidence from Aaron Timbery regarding admissions by the accused was admitted; the judge was satisfied there was no unfairness under s 90, but indicated a warning to the jury as to potential unreliability was appropriate.

Court Disposition

Tendency evidence excluded; evidence of Nardia Simms-Green and Aaron Timbery admitted.

Orders

  • Tendency evidence excluded.
  • Evidence of Nardia Simms-Green admitted.