R v Rumsby (No 4) [2023] NSWSC 770

R v Rumsby (No 4) [2023] NSWSC 770

Defence tendency evidence relating to Witness X is admissible as it meets the significant probative value threshold when evidence is taken at its highest, and defence only needs to establish a reasonably possible alternative, not prove a fact in issue.

Jurisdiction
Australia
Judgment Date
24 May 2023
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Tendency Evidence
Outcome
Defence tendency evidence is admissible
Legal Topics
['admissibility' 'tendency Evidence' 'probative Value' 'coincidence Reasoning']
['criminal Law' 'evidence Law'] ['admissibility' 'tendency Evidence' 'probative Value' 'coincidence Reasoning']

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Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ['Whether defence tendency evidence regarding Witness X is admissible under s 97 of the Evidence Act 1995 (NSW)' 'Whether the evidence meets the significant probative value threshold']

Ratio Decidendi

Defence tendency evidence relating to Witness X is admissible as it meets the significant probative value threshold when evidence is taken at its highest, and defence only needs to establish a reasonably possible alternative, not prove a fact in issue.

Court Disposition

Defence tendency evidence is admissible

Orders

  • ['Defence tendency evidence regarding Witness X is admitted as evidence in the proceedings']