R v Gale [2020] NSWSC 8

R v Gale [2020] NSWSC 8

The tendency evidence identified in both Crown notices was excluded because it lacked significant probative value, did not outweigh potential prejudicial effect, and was not sufficiently relevant to facts in issue regarding self-defence and possession of the knife.

Jurisdiction
Australia
Judgment Date
17 January 2020
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Tendency evidence excluded
Legal Topics
['tendency Evidence' 'admissibility' 'probative Value' 'prejudicial Effect']
['evidence Law' 'criminal Law'] ['tendency Evidence' 'admissibility' 'probative Value' 'prejudicial Effect']

Case Brief

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Admissibility of tendency evidence in criminal proceedings' 'Whether evidence is relevant' 'Whether evidence has significant probative value' 'Whether probative value substantially outweighs prejudicial effect']

Ratio Decidendi

The tendency evidence identified in both Crown notices was excluded because it lacked significant probative value, did not outweigh potential prejudicial effect, and was not sufficiently relevant to facts in issue regarding self-defence and possession of the knife.

Court Disposition

Tendency evidence excluded

Orders

  • ["The tendency evidence identified in the Crown's tendency notice dated 24 October 2019 is excluded." "The tendency evidence identified in the Crown's tendency notice dated 19 November 2019 is excluded."]