R v Fuller (No 2) [2024] NSWSC 1208

R v Fuller (No 2) [2024] NSWSC 1208

Evidence supporting the first alleged tendency (past violence by 'jumping on a person's head') is inadmissible due to lack of significant probative value. Evidence from Courtney Billsborough regarding two car park incidents is admissible for tendency to overreact with threats/violence to minor incidents. Evidence from Billsborough regarding calculated and controlled violence (lightbulb incident) is admissible. Body worn police videos from 26 July 2018 and 4 November 2020 are admissible as to tendency to claim fear for manipulation/justification; third video lacks probative value.

Parties
Prosecution: Rex; Accused: Connor Fuller
Jurisdiction
Australia
Judgment Date
27 September 2024
Procedural Posture
Criminal / Procedural Ruling (tendency Evidence Admissibility)
Outcome
orders made on admissibility of tendency evidence
Legal Topics
Tendency Evidence, Admissibility, Partial Defences, Violent Offences
Criminal Law Evidence Tendency Evidence Admissibility Partial Defences Violent Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Connor Fuller

Accused

Procedural Posture

Criminal / Procedural Ruling (tendency Evidence Admissibility)

Legal Issues

  1. 1 Admissibility of tendency evidence under s 97(1), Evidence Act 1995 (NSW)
  2. 2 Whether evidence has significant probative value and outweighs prejudice under s 101, Evidence Act 1995 (NSW)
  3. 3 Whether alleged tendencies support the prosecution's case for murder and rebut partial defences

Ratio Decidendi

Evidence supporting the first alleged tendency (past violence by 'jumping on a person's head') is inadmissible due to lack of significant probative value. Evidence from Courtney Billsborough regarding two car park incidents is admissible for tendency to overreact with threats/violence to minor incidents. Evidence from Billsborough regarding calculated and controlled violence (lightbulb incident) is admissible. Body worn police videos from 26 July 2018 and 4 November 2020 are admissible as to tendency to claim fear for manipulation/justification; third video lacks probative value.

Court Disposition

orders made on admissibility of tendency evidence

Orders

  • Evidence of the first alleged tendency is inadmissible.
  • Evidence of Courtney Billsborough consistent with par (47) of her statement dated 21 June 2023 and pars (4), (5) and (6) of her statement dated 24 May 2024 is admissible as to the second tendency.