R v Sharpe (No 1) [2020] NSWSC 1794

Supreme Court New South Wales

Medium Neutral Citation: R v Sharpe (No 1) [2020] NSWSC 1794 Hearing dates: 10 December 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Common Law Before: Bellew J Decision: The evidence is excluded. Catchwords: EVIDENCE – Admissibility – Where accused pleaded not guilty to murder – No issue that the accused stabbed the deceased – No issue that the deceased died from the stabbing – Where sole issue was whether the accused acted in defence of his father – Where Crown sought to lead evidence of observations of the accused in the hours prior to the murder holding a knife and a rifle – Whether that evidence was relevant – Whether the actions of the accused in those respects constituted a part of a series of connected events including the deceased's murder – Whether the actions of the accused were relevant on the basis that they were evidence of his state of mind – Application of so-called "O'Leary principle" – Evidence not relevant – Evidence excluded Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Adam (1999) 106 A Crim R 510; [1999] NSWCCA 189 O'Leary v R (1946) 73 CLR 566; [1946] HCA 44 R v Serratore [2001] NSWCCA 123 Category: Procedural rulings Parties: Daniel James Sharpe – Accused Regina – Crown Representation: Counsel: M Fox – Crown T D Anderson – Accused

Solicitors: Director of Public Prosecutions (NSW) – Crown Jennifer Chalker Lawyer – Accused File Number(s): 2019/215856 Publication restriction: Nil