R v Evans; Evans; XE (No 1) [2020] NSWSC 1698

Supreme Court New South Wales

Medium Neutral Citation: R v Evans; Evans; XE (No 1) [2020] NSWSC 1698 Hearing dates: 16 and 18 November 2020 Date of orders: 18 November 2020 Decision date: 01 December 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Grant leave to the accused John Evans to rely upon a tendency notice served out of time; (2) Refuse leave to the accused John Evans to rely upon tendency evidence as outlined in that notice and the further material tendered in Court; (3) Refuse leave to the accused Keith Evans to cross-examine the witness Jayke Rodgers on certain COPS entries and Facebook messages; (4) Grant leave to the accused John Evans to cross-examine the witness Jayke Rodgers on certain Facebook messages. Catchwords: CRIMINAL LAW – evidence – tendency evidence – evidence of witness' criminal history – evidence of Facebook messages – evidence relating to incident outside trial courtroom – whether evidence of alleged tendencies has the capacity to rationally affect the assessment of the probability of the existence of a fact in issue CRIMINAL LAW – evidence – credibility – cross-examination as to credibility – s 103 of the Evidence Act 1995 (NSW) – whether evidence could substantially affect an assessment of the veracity or accuracy of the witness' evidence Legislation Cited: Evidence Act 1995 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 R v Cakovski (2004) 149 A Crim R 21; [2004] NSWCCA 280 R v Ronen (2004) 211 FLR 297; [2004] NSWSC 1290 Category: Procedural rulings Parties: Regina John Paul Evans (Accused) (Applicant) Keith Evans (Accused) XE (Accused) Representation: Counsel: K Ratcliffe (Crown) B Hughes SC; L Gallagher (Accused John Evans) R Cavanagh (Accused Keith Evans) S Corish (Accused XE)