R v Knight [2015] NSWCCA 34

R v Knight [2015] NSWCCA 34

The Court had jurisdiction because the excluded tendency evidence had significant probative force and its exclusion would substantially weaken the Crown case. The trial judge erred in reversing the 3 November 2014 ruling because the basis for the 4 November 2014 exclusion was unclear and, if it involved reconsideration under s 101 of the Evidence Act, it took into account speculative and irrelevant considerations about possible future forensic decisions concerning cross-examination of A and potential answers, rather than identifying a relevant danger in admitting the five paragraphs of tendency evidence. The appropriate result was to allow the appeal and set aside the 4 November 2014...

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Crown Appeal in Criminal Proceedings Against an Interlocutory Evidentiary Ruling / Court of Criminal Appeal Appeal From District Court of New South Wales Ruling Excluding Tendency Evidence
Outcome
Crown appeal allowed; decision excluding tendency evidence set aside.
Legal Topics
['crown Appeal' 'interlocutory Judgment' 'tendency Evidence' 'admissibility of Evidence' 'prejudicial Effect' 'right of Appeal']
['criminal Law' 'evidence' 'criminal Procedure'] ['crown Appeal' 'interlocutory Judgment' 'tendency Evidence' 'admissibility of Evidence' 'prejudicial Effect' 'right of Appeal']

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Procedural Posture

Crown Appeal in Criminal Proceedings Against an Interlocutory Evidentiary Ruling / Court of Criminal Appeal Appeal From District Court of New South Wales Ruling Excluding Tendency Evidence

Legal Issues

  1. 1 ['Whether the Court had jurisdiction under s 5F(3A) of the Criminal Appeal Act 1912 (NSW) because the exclusion of the tendency evidence eliminated or substantially weakened the Crown case.' 'Whether the trial judge demonstrated error in revisiting and reversing the ruling that the tendency evidence was admissible.' 'Whether asserted prejudice arising from possible cross-examination of the tendency witness justified exclusion of the tendency evidence.']

Ratio Decidendi

The Court had jurisdiction because the excluded tendency evidence had significant probative force and its exclusion would substantially weaken the Crown case. The trial judge erred in reversing the 3 November 2014 ruling because the basis for the 4 November 2014 exclusion was unclear and, if it involved reconsideration under s 101 of the Evidence Act, it took into account speculative and irrelevant considerations about possible future forensic decisions concerning cross-examination of A and potential answers, rather than identifying a relevant danger in admitting the five paragraphs of tendency evidence. The appropriate result was to allow the appeal and set aside the 4 November 2014...

Court Disposition

Crown appeal allowed; decision excluding tendency evidence set aside.

Orders

  • ["Allow the Crown's appeal." "Set aside the decision on 4 November 2014 to exclude the tendency evidence identified in the Crown's tendency notice."]