Regina v Ngatikaura [2006] NSWCCA 161

Regina v Ngatikaura [2006] NSWCCA 161

By majority, the evidence of the respondent's two earlier heroin supply offences was tendered to show that she was a drug dealer and thereby to prove her connection with, knowledge of, or possession of the drugs found in her home. That reasoning was tendency reasoning, so admissibility had to be determined under ss.97 and 101(2) of the Evidence Act (NSW) 1995. Because the District Court had not considered those provisions, the ruling rejecting the evidence was vacated and the matter remitted for determination in accordance with the Court's reasons. The Court also held that the exclusion of the evidence substantially weakened the prosecution case, giving jurisdiction under s.5F(3A) of the...

Jurisdiction
Australia
Judgment Date
22 May 2006
Procedural Posture
Criminal Appeal / Crown Appeal Under S.5 F(3 A) of the Criminal Appeal Act (nsw) 1912 Against a District Court Ruling Excluding Evidence
Outcome
Appeal allowed by majority; decision to reject the evidence vacated; matter remitted to the District Court.
Legal Topics
['tendency Evidence' 'prior Criminal Conduct' 'drug Supply' 'admissibility of Evidence' 'interlocutory Crown Appeal' 'unfair Prejudice']
['criminal Law' 'evidence' 'criminal Procedure'] ['tendency Evidence' 'prior Criminal Conduct' 'drug Supply' 'admissibility of Evidence' 'interlocutory Crown Appeal' 'unfair Prejudice']

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Procedural Posture

Criminal Appeal / Crown Appeal Under S.5 F(3 A) of the Criminal Appeal Act (nsw) 1912 Against a District Court Ruling Excluding Evidence

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal had jurisdiction under s.5F(3A) of the Criminal Appeal Act (NSW) 1912 because the District Court ruling substantially weakened the prosecution case.' 'Whether evidence of two prior offences of supply heroin was tendency evidence governed by ss.97 and 101 of the Evidence Act (NSW) 1995.' 'Whether ss.135 or 137 of the Evidence Act (NSW) 1995 had any further operation where the tendency evidence provisions applied.' 'Whether the District Court ruling excluding the evidence should be vacated and the matter remitted for reconsideration.']

Ratio Decidendi

By majority, the evidence of the respondent's two earlier heroin supply offences was tendered to show that she was a drug dealer and thereby to prove her connection with, knowledge of, or possession of the drugs found in her home. That reasoning was tendency reasoning, so admissibility had to be determined under ss.97 and 101(2) of the Evidence Act (NSW) 1995. Because the District Court had not considered those provisions, the ruling rejecting the evidence was vacated and the matter remitted for determination in accordance with the Court's reasons. The Court also held that the exclusion of the evidence substantially weakened the prosecution case, giving jurisdiction under s.5F(3A) of the...

Court Disposition

Appeal allowed by majority; decision to reject the evidence vacated; matter remitted to the District Court.

Orders

  • ['Appeal allowed.' 'The decision to reject the evidence is vacated.' 'The matter is remitted to be determined by the District Court in accordance with these reasons.']