R v White & ors (No 3) [2012] NSWSC 467

R v White & ors (No 3) [2012] NSWSC 467

The proposed evidence, considered individually and cumulatively, was at most relevant on a generous view but was imprecise, general or unrelated to the situation Serone claimed to have experienced. It did not have significant probative value in relation to whether there was a reasonable possibility that White threatened Serone with death or really serious bodily injury if he did not assist in the manner alleged by the Crown. The evidence was therefore inadmissible.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Criminal Trial / Procedural Ruling on Admissibility of Tendency and Coincidence Evidence
Outcome
Evidence inadmissible
Legal Topics
['tendency Evidence' 'coincidence Evidence' 'duress' 'accessory After the Fact' 'admissibility of Evidence']
['criminal Law' 'evidence'] ['tendency Evidence' 'coincidence Evidence' 'duress' 'accessory After the Fact' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Admissibility of Tendency and Coincidence Evidence

Legal Issues

  1. 1 ['Whether evidence sought to be adduced by the accused Todd Serone concerning the prior behaviour of the accused Rodney White was admissible as tendency evidence.' 'Whether the proposed evidence had significant probative value in relation to the reasonable possibility that White threatened Serone with death or really serious bodily injury if he did not assist in the manner alleged by the Crown.' 'Whether the proposed evidence could be characterised as coincidence evidence.']

Ratio Decidendi

The proposed evidence, considered individually and cumulatively, was at most relevant on a generous view but was imprecise, general or unrelated to the situation Serone claimed to have experienced. It did not have significant probative value in relation to whether there was a reasonable possibility that White threatened Serone with death or really serious bodily injury if he did not assist in the manner alleged by the Crown. The evidence was therefore inadmissible.

Court Disposition

Evidence inadmissible

Orders

  • ['The evidence sought to be adduced on behalf of the accused Todd Serone was ruled inadmissible.']