R v Kulwinder Singh (No 1) [2019] NSWSC 1000

R v Kulwinder Singh (No 1) [2019] NSWSC 1000

Ms Kaur's evidence was inadmissible because it was not shown to be relevant to facts in issue in the trial, including the deceased's last words or the truthfulness of relationship representations; because although Ms Kaur had expertise in domestic violence in migrant and other communities, the Crown did not establish that she had specialised knowledge of Punjabi Sikh culture generally on which the proposed opinions were wholly or substantially based; and because, even if otherwise admissible, the evidence would be excluded under s 137 due to the risk that the jury would misuse it as cultural tendency evidence or as expert evidence that the accused was guilty.

Jurisdiction
Australia
Judgment Date
12 August 2019
Procedural Posture
Criminal Murder Trial / Pre Trial Voir Dire and Admissibility Ruling on Crown Expert Evidence
Outcome
The Crown's proposed expert evidence from Ms Jatinda Kaur was ruled inadmissible.
Legal Topics
['opinion Evidence' 'expert Evidence' 'relevance' 'unfair Prejudice' 'relationship Evidence' 'domestic Violence Cultural Evidence' 'cultural Tendency Evidence' 's 79 Evidence Act 1995 (nsw)' 's 137 Evidence Act 1995 (nsw)']
['evidence' 'criminal Law'] ['opinion Evidence' 'expert Evidence' 'relevance' 'unfair Prejudice' 'relationship Evidence' 'domestic Violence Cultural Evidence' 'cultural Tendency Evidence' 's 79 Evidence Act 1995 (nsw)' 's 137 Evidence Act 1995 (nsw)']

Case Brief

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Procedural Posture

Criminal Murder Trial / Pre Trial Voir Dire and Admissibility Ruling on Crown Expert Evidence

Legal Issues

  1. 1 ["Whether Ms Jatinda Kaur's evidence was relevant under ss 55 and 56 of the Evidence Act 1995 (NSW)." "Whether Ms Kaur's opinion evidence was admissible as expert evidence under ss 76 and 79 of the Evidence Act 1995 (NSW)." 'Whether the evidence should be excluded under s 137 of the Evidence Act 1995 (NSW) because its probative value was outweighed by the danger of unfair prejudice to the accused.' 'Whether the proposed evidence risked being used by the jury as cultural tendency evidence or as expert evidence that the accused was guilty.']

Ratio Decidendi

Ms Kaur's evidence was inadmissible because it was not shown to be relevant to facts in issue in the trial, including the deceased's last words or the truthfulness of relationship representations; because although Ms Kaur had expertise in domestic violence in migrant and other communities, the Crown did not establish that she had specialised knowledge of Punjabi Sikh culture generally on which the proposed opinions were wholly or substantially based; and because, even if otherwise admissible, the evidence would be excluded under s 137 due to the risk that the jury would misuse it as cultural tendency evidence or as expert evidence that the accused was guilty.

Court Disposition

The Crown's proposed expert evidence from Ms Jatinda Kaur was ruled inadmissible.

Orders

  • ['The evidence of Ms Jatinda Kaur is inadmissible.']