R v Nikolovski (No 1) [2017] NSWSC 1450

R v Nikolovski (No 1) [2017] NSWSC 1450

The tendency evidence showing the accused’s participation in prior armed robberies, while supporting a general tendency to commit such offences, did not have significant probative value in relation to the specific charges before the court because the incidents were factually distinct and the prejudice to the accused substantially outweighed any probative value. The notices failed to satisfy the requirements of the Evidence Act and the evidence's generality made it inadmissible under sections 97 and 101.

Parties
Prosecution: Regina; Accused: Jesse Nikolovski
Jurisdiction
Australia
Judgment Date
18 September 2017
Procedural Posture
Criminal / Pre Trial (ruling on Admissibility of Tendency Evidence)
Outcome
Tendency evidence excluded
Legal Topics
Tendency Evidence, Probative Value, Prejudicial Effect, Admissibility of Evidence
Criminal Law Evidence Tendency Evidence Probative Value Prejudicial Effect Admissibility of Evidence

Case Brief

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Parties

Regina

Prosecution

Jesse Nikolovski

Accused

Procedural Posture

Criminal / Pre Trial (ruling on Admissibility of Tendency Evidence)

Legal Issues

  1. 1 Whether the tendency evidence regarding the accused’s previous armed robberies is admissible in the trial for murder and armed robbery under the Evidence Act 1995 (NSW)

Ratio Decidendi

The tendency evidence showing the accused’s participation in prior armed robberies, while supporting a general tendency to commit such offences, did not have significant probative value in relation to the specific charges before the court because the incidents were factually distinct and the prejudice to the accused substantially outweighed any probative value. The notices failed to satisfy the requirements of the Evidence Act and the evidence's generality made it inadmissible under sections 97 and 101.

Court Disposition

Tendency evidence excluded

Orders

  • The evidence set out in the tendency notices of 21 August 2017 and 12 September 2017 is excluded