R v Dean [2019] NSWDC 711

R v Dean [2019] NSWDC 711

The Court determined that evidence of the accused’s ERISP interviews, admissions to police, and existence of the Apprehended Violence Order are sufficiently probative and not unfairly prejudicial; issues of reliability and consciousness of guilt are for the jury, and admissibility is supported by relevant statutory provisions and case law.

Parties
Prosecutor: Director of Public Prosecutions; Accused: Mr G Dean
Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Criminal / Pre Trial Evidentiary Rulings
Outcome
The trial of the accused is ordered to proceed on the whole indictment; notice of motion otherwise dismissed.
Legal Topics
Admissibility of Evidence, Police Interviews, Intoxication, Consciousness of Guilt, Apprehended Violence Order, Judicial Discretion to Exclude Evidence
Criminal Law Evidence Law Admissibility of Evidence Police Interviews Intoxication Consciousness of Guilt Apprehended Violence Order Judicial Discretion to Exclude Evidence

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Parties

Director of Public Prosecutions

Prosecutor

Mr G Dean

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Rulings

Legal Issues

  1. 1 Whether ERISP interviews and admissions to police should be excluded from evidence due to intoxication or unfairness
  2. 2 Whether evidence of Apprehended Violence Order and alleged prior violence/threats should be excluded
  3. 3 Whether improper admissions by accused to police are unreliable or unfairly obtained

Ratio Decidendi

The Court determined that evidence of the accused’s ERISP interviews, admissions to police, and existence of the Apprehended Violence Order are sufficiently probative and not unfairly prejudicial; issues of reliability and consciousness of guilt are for the jury, and admissibility is supported by relevant statutory provisions and case law.

Court Disposition

The trial of the accused is ordered to proceed on the whole indictment; notice of motion otherwise dismissed.

Orders

  • The trial of the accused proceed on the whole of the indictment as presented, notwithstanding the plea of guilty to the alternative charge.
  • Otherwise, the notice of motion is dismissed.