R v Holmes (No 5) [2021] NSWSC 115

R v Holmes (No 5) [2021] NSWSC 115

The accused is granted leave to rely on the late-served tendency notice; the evidence of the seven matters in the tendency notice is admissible as tendency evidence, subject to requirements of form; and the notice requirement under s 97(1)(a) of the Evidence Act 1995 (NSW) is dispensed with, due to the significant probative value of the evidence in supporting the accused's version and ensuring a fair trial, with the Crown permitted to call additional evidence in response.

Jurisdiction
Australia
Judgment Date
09 February 2021
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling (voir Dire)
Outcome
Application by accused to rely on tendency notice allowed; tendency evidence admitted; notice requirement dispensed with, subject to conditions for Crown evidence.
Legal Topics
['tendency Evidence' 'admissibility of Evidence' 'procedure for Tendency Notices' 'criminal Trials' 'murder' 'manslaughter']
['criminal Law' 'evidence'] ['tendency Evidence' 'admissibility of Evidence' 'procedure for Tendency Notices' 'criminal Trials' 'murder' 'manslaughter']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling (voir Dire)

Legal Issues

  1. 1 ['Whether the accused should be granted leave to rely on a late-served tendency notice' 'Whether the evidence in the tendency notice is admissible as tendency evidence' 'Whether the reasonable notice requirement under s 97(1)(a) of the Evidence Act 1995 (NSW) should be dispensed with']

Ratio Decidendi

The accused is granted leave to rely on the late-served tendency notice; the evidence of the seven matters in the tendency notice is admissible as tendency evidence, subject to requirements of form; and the notice requirement under s 97(1)(a) of the Evidence Act 1995 (NSW) is dispensed with, due to the significant probative value of the evidence in supporting the accused's version and ensuring a fair trial, with the Crown permitted to call additional evidence in response.

Court Disposition

Application by accused to rely on tendency notice allowed; tendency evidence admitted; notice requirement dispensed with, subject to conditions for Crown evidence.

Orders

  • ['The accused is granted leave to rely on the tendency notice served on 8 February 2021.' "Evidence of the seven matters contained in the accused's tendency notice is admissible, subject to requirements of form." "Compliance with the reasonable notice requirement under s 97(1)(a) of the Evidence Act 1995 (NSW) is...