R v Jenkin (No 8) [2018] NSWSC 704

R v Jenkin (No 8) [2018] NSWSC 704

The proposed tendency evidence from JG did not demonstrate that the accused detained the witness, as required by the tendency notice, but established only a tendency towards violence. Therefore, the evidence lacked significant probative value and was inadmissible as tendency evidence under s 97 of the Evidence Act 1995 (NSW).

Parties
Prosecution: Regina; Accused: Mark Kenneth Jenkin
Jurisdiction
Australia
Judgment Date
15 May 2018
Procedural Posture
Criminal / Interlocutory Ruling During Judge Alone Trial
Outcome
proposed tendency evidence of JG excluded as inadmissible
Legal Topics
Tendency Evidence, Admissibility of Evidence
Criminal Law Evidence Tendency Evidence Admissibility of Evidence

Case Brief

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Parties

Regina

Prosecution

Mark Kenneth Jenkin

Accused

Procedural Posture

Criminal / Interlocutory Ruling During Judge Alone Trial

Legal Issues

  1. 1 Whether the tendency evidence of witness JG has significant probative value and is admissible under the Evidence Act 1995 (NSW).

Ratio Decidendi

The proposed tendency evidence from JG did not demonstrate that the accused detained the witness, as required by the tendency notice, but established only a tendency towards violence. Therefore, the evidence lacked significant probative value and was inadmissible as tendency evidence under s 97 of the Evidence Act 1995 (NSW).

Court Disposition

proposed tendency evidence of JG excluded as inadmissible

Orders

  • The proposed tendency evidence of JG is not admissible.