R v Player [2000] NSWCCA 123

R v Player [2000] NSWCCA 123

The challenged evidence was admissible as it formed part of a connected series of events closely related in time and place to the offence, indicating the appellant's relevant state of mind and not as propensity evidence under the Evidence Act 1995.

Parties
Respondent: Regina; Appellant: Adam Player
Jurisdiction
Australia
Judgment Date
12 April 2000
Procedural Posture
Criminal Appeal / Appeal on Stated Case Concerning Evidence Admissibility
Outcome
Appeal dismissed; the answer to the stated case is 'no'; evidence admitted was not in error.
Legal Topics
Admissibility of Evidence, Propensity Evidence, State of Mind, Connected Events
Criminal Law Evidence Admissibility of Evidence Propensity Evidence State of Mind Connected Events

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Adam Player

Appellant

Procedural Posture

Criminal Appeal / Appeal on Stated Case Concerning Evidence Admissibility

Legal Issues

  1. 1 Whether evidence of appellant's conduct after the alleged offence (kicking bins and attacking a sign) was admissible
  2. 2 Whether such evidence constituted propensity evidence under the Evidence Act 1995
  3. 3 Whether the challenged conduct formed part of a connected series of events relevant to state of mind

Ratio Decidendi

The challenged evidence was admissible as it formed part of a connected series of events closely related in time and place to the offence, indicating the appellant's relevant state of mind and not as propensity evidence under the Evidence Act 1995.

Court Disposition

Appeal dismissed; the answer to the stated case is 'no'; evidence admitted was not in error.

Orders

  • The question in the stated case is answered 'no'.
  • Case remitted to Judge Naughton with this answer.