R v Hawkins (No 11) [2020] NSWSC 1830

R v Hawkins (No 11) [2020] NSWSC 1830

The evidence of Blain and 'Stevo' being found near the accused's residence with a Taser on the morning after the shooting is relevant to the facts in issue, especially the accused's claim that threats were made by the deceased, and the accused's state of mind regarding self-defence. The probative value is not negligible and the risk of prejudice can be addressed by an appropriate jury direction. The evidence is therefore admissible.

Parties
Crown: Regina; Accused: Daniel Mark Hawkins
Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Criminal / Ruling on Admissibility of Evidence During Trial
Outcome
Evidence ruled admissible
Legal Topics
Admissibility of Evidence, Relevance, Standard of Proof, Self Defence, Jury Directions
Evidence Admissibility of Evidence Relevance Standard of Proof Self Defence Jury Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Daniel Mark Hawkins

Accused

Procedural Posture

Criminal / Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 Whether evidence regarding the arrest of Blain and 'Stevo' near the accused's home in possession of a Taser is admissible
  2. 2 Whether the evidence is relevant to facts in issue or should be excluded under s 135 of the Evidence Act 1995 (NSW) due to risk of prejudice

Ratio Decidendi

The evidence of Blain and 'Stevo' being found near the accused's residence with a Taser on the morning after the shooting is relevant to the facts in issue, especially the accused's claim that threats were made by the deceased, and the accused's state of mind regarding self-defence. The probative value is not negligible and the risk of prejudice can be addressed by an appropriate jury direction. The evidence is therefore admissible.

Court Disposition

Evidence ruled admissible

Orders

  • The evidence of and associated with the arrest of Blain and 'Stevo' on 9 December 2018 at 3:45am in possession of a Taser and in close proximity to the house where the accused resided is admissible.