R v Coskun [2022] NSWSC 149

R v Coskun [2022] NSWSC 149

The prior conduct of the accused wearing high visibility shirts to commit armed robberies is sufficiently unusual and probative of a tendency to act with a particular state of mind when committing robberies, and its probative value outweighs the danger of unfair prejudice. Therefore, the tendency evidence is admissible under Evidence Act 1995 (NSW) ss 97(1) and 101(2).

Jurisdiction
Australia
Judgment Date
22 February 2022
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Tendency Evidence
Outcome
application to adduce tendency evidence granted
Legal Topics
['tendency Evidence' 'admissibility' 'probative Value' 'unfair Prejudice']
['criminal Law' 'evidence Law'] ['tendency Evidence' 'admissibility' 'probative Value' 'unfair Prejudice']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ['Whether tendency evidence is admissible under Evidence Act 1995 (NSW) ss 97(1) and 101(2)' 'Whether the probative value of tendency evidence outweighs the danger of unfair prejudice to the accused']

Ratio Decidendi

The prior conduct of the accused wearing high visibility shirts to commit armed robberies is sufficiently unusual and probative of a tendency to act with a particular state of mind when committing robberies, and its probative value outweighs the danger of unfair prejudice. Therefore, the tendency evidence is admissible under Evidence Act 1995 (NSW) ss 97(1) and 101(2).

Court Disposition

application to adduce tendency evidence granted

Orders

  • ['Tendency evidence is admissible.']