R v Grogan (No 3) [2013] NSWSC 1193

R v Grogan (No 3) [2013] NSWSC 1193

The evidence of prior threats was relevant and came within s 65(2)(b), but its probative value was minimal because of the substantial lapse of time before 10 January 2012 and because the accused had been near the deceased's home in the meantime without acting on the threats; the danger of unfair prejudice therefore outweighed its probative value and it was excluded. The deceased's contemporaneous statement that the accused was not welcome was probative of the likely nature of the encounter and of the Crown case that violence ensued, and its probative value was not outweighed by unfair prejudice. Mr Richard Henry's representations about items in disarray had modest probative value, but any...

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Criminal Evidence Ruling / Procedural and Other Rulings on Objections to Evidence Said to Be Admissible Under S 65 of the Evidence Act 1995 (nsw)
Outcome
Evidence of the deceased reporting threats by the accused was inadmissible; evidence that the accused was not welcome at the deceased's home was admissible; evidence of the late brother's representations about the state of the deceased's house was admissible.
Legal Topics
['maker Unavailable Hearsay' 'evidence Act S 65' 'probative Value' 'unfair Prejudice' 'evidence Act S 137' 'prior Threats' 'state of Relationship Between Deceased and Accused' 'crime Scene Observations']
['evidence' 'criminal Law'] ['maker Unavailable Hearsay' 'evidence Act S 65' 'probative Value' 'unfair Prejudice' 'evidence Act S 137' 'prior Threats' 'state of Relationship Between Deceased and Accused' 'crime Scene Observations']

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Procedural Posture

Criminal Evidence Ruling / Procedural and Other Rulings on Objections to Evidence Said to Be Admissible Under S 65 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether evidence from the deceased, reported by Ms Marcia Northen, that the accused had threatened to bash him was admissible.' "Whether evidence of the deceased's statement to Senior Constable Broadley shortly before the accused went to the deceased's home, including that the accused was not welcome, was admissible." "Whether evidence of representations made by the deceased's late brother, Mr Richard Henry, about the state of the deceased's home on 19 January 2012 was admissible."]

Ratio Decidendi

The evidence of prior threats was relevant and came within s 65(2)(b), but its probative value was minimal because of the substantial lapse of time before 10 January 2012 and because the accused had been near the deceased's home in the meantime without acting on the threats; the danger of unfair prejudice therefore outweighed its probative value and it was excluded. The deceased's contemporaneous statement that the accused was not welcome was probative of the likely nature of the encounter and of the Crown case that violence ensued, and its probative value was not outweighed by unfair prejudice. Mr Richard Henry's representations about items in disarray had modest probative value, but any...

Court Disposition

Evidence of the deceased reporting threats by the accused was inadmissible; evidence that the accused was not welcome at the deceased's home was admissible; evidence of the late brother's representations about the state of the deceased's house was admissible.

Orders

  • ['Evidence reported by Ms Marcia Northen that the accused had threatened to bash the deceased excluded.' "Evidence of the deceased's representation to Senior Constable Broadley that the accused was not welcome at his home admitted." "Evidence of Mr Richard Henry's representations as to the state of the deceased's...