R v Green (No 9) [2021] NSWSC 1318

The evidence relating to the events of 29 October 2017 lacks the requisite degree of similarity and significant probative value to be admissible as tendency evidence for the purpose of identifying Mr Green as the offender in the present murder case. The probative value does not substantially outweigh the prejudicial effect; therefore, the evidence is inadmissible under Evidence Act 1995 (NSW) ss 97 and 101.

Jurisdiction: Australia
Judgment Date: 08 October 2021
Procedural Posture: Special Hearing / Interlocutory Ruling on Admissibility of Tendency Evidence
Outcome: Tendency evidence inadmissible
Legal Topics: ['murder' 'tendency Evidence' 'probative Value' 'prejudicial Effect' 'circumstantial Evidence' 'identification']

['criminal Law' 'evidence'] ['murder' 'tendency Evidence' 'probative Value' 'prejudicial Effect' 'circumstantial Evidence' 'identification']

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Procedural Posture

Special Hearing / Interlocutory Ruling on Admissibility of Tendency Evidence

Legal Issues

1 ['Whether evidence relating to the events of 29 October 2017 is admissible as tendency evidence in the murder charge against Mr Green' 'Whether the tendency evidence has significant probative value and substantially outweighs prejudicial effect as required by Evidence Act 1995 (NSW) ss 97 and 101']

Ratio Decidendi

Court Disposition

Tendency evidence inadmissible

Orders

['The evidence relating to the events of 29 October 2017 is not admissible as tendency evidence in this hearing.']