R v Darcy [2021] NSWSC 12

R v Darcy [2021] NSWSC 12

Except for the oysters kilpatrick evidence and the asserted internet research tendency in (2d), the proposed tendency evidence was relevant and had significant probative value because, taken with the prosecution case, it showed specific and unusual similarities involving prospective financial gain from a domestic partner's death, administration of sedatives, a cohabiting vulnerable victim, and deliberate serious harm. Although the evidence was prejudicial, its probative value substantially outweighed that prejudice, which could be managed by conventional jury directions.

Jurisdiction
Australia
Judgment Date
15 January 2021
Procedural Posture
Criminal Proceedings; Murder Charge / Pre Trial Ruling on Prosecution Tendency Evidence Under S 97 of the Evidence Act 1995 (nsw)
Outcome
Application granted with exceptions.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'unfair Prejudice' 'murder' 'jury Directions']
['evidence' 'criminal Law'] ['tendency Evidence' 'significant Probative Value' 'unfair Prejudice' 'murder' 'jury Directions']

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Procedural Posture

Criminal Proceedings; Murder Charge / Pre Trial Ruling on Prosecution Tendency Evidence Under S 97 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether the proposed tendency evidence was relevant under s 55 of the Evidence Act 1995 (NSW).' 'Whether the proposed tendency evidence had significant probative value under s 97(1) of the Evidence Act 1995 (NSW).' 'Whether the probative value of the prosecution tendency evidence substantially outweighed any prejudicial effect on the accused under s 101 of the Evidence Act 1995 (NSW).' 'Whether evidence concerning oysters kilpatrick and the asserted tendency to research the means of effecting the conduct by internet searches should be admitted.']

Ratio Decidendi

Except for the oysters kilpatrick evidence and the asserted internet research tendency in (2d), the proposed tendency evidence was relevant and had significant probative value because, taken with the prosecution case, it showed specific and unusual similarities involving prospective financial gain from a domestic partner's death, administration of sedatives, a cohabiting vulnerable victim, and deliberate serious harm. Although the evidence was prejudicial, its probative value substantially outweighed that prejudice, which could be managed by conventional jury directions.

Court Disposition

Application granted with exceptions.

Orders

  • ['The Prosecution may adduce the tendency evidence set out in its Notice of 20 December 2019 with the exception of:' 'The evidence specified in (4a) of the Notice in relation to the serving of oysters kilpatrick to Colin Crossman.' 'The tendency specified in (2d) of the Notice.']