R v RGC [2012] NSWCCA 271

R v RGC [2012] NSWCCA 271

Because the parties accepted that the trial judge had approached the admissibility question erroneously and were content for the ruling to be vacated and the matter remitted, the Court vacated the ruling of 31 July 2012 and remitted the proceedings to the District Court, while leaving any dispute about the sufficiency of the tendency notice to be agitated there.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Criminal Appeal Pursuant to S 5 F(3 A) of the Criminal Appeal Act 1912 / Publication of Reserved Reasons After Orders Made by Consent Vacating the Trial Judge's Ruling and Remitting the Proceedings to the District Court
Outcome
Appeal allowed by consent; trial judge's ruling vacated and proceedings remitted to the District Court.
Legal Topics
['tendency Evidence' 'context Evidence' 'tendency Notice' 'interlocutory Appeal' 'grievous Bodily Harm With Intent']
['criminal Law' 'evidence'] ['tendency Evidence' 'context Evidence' 'tendency Notice' 'interlocutory Appeal' 'grievous Bodily Harm With Intent']

Case Brief

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Procedural Posture

Criminal Appeal Pursuant to S 5 F(3 A) of the Criminal Appeal Act 1912 / Publication of Reserved Reasons After Orders Made by Consent Vacating the Trial Judge's Ruling and Remitting the Proceedings to the District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in excluding evidence as tendency evidence or context evidence' 'Whether the tendency notice was deficient' 'Whether the ruling excluding the evidence should be vacated and the proceedings remitted to the District Court']

Ratio Decidendi

Because the parties accepted that the trial judge had approached the admissibility question erroneously and were content for the ruling to be vacated and the matter remitted, the Court vacated the ruling of 31 July 2012 and remitted the proceedings to the District Court, while leaving any dispute about the sufficiency of the tendency notice to be agitated there.

Court Disposition

Appeal allowed by consent; trial judge's ruling vacated and proceedings remitted to the District Court.

Orders

  • ["Vacate the trial judge's ruling of 31 July 2012" 'Remit the proceedings to the District Court']