R v Sharpe (No 5) [2021] NSWSC 52

Supreme Court New South Wales

Medium Neutral Citation: R v Sharpe (No 5) [2021] NSWSC 52 Hearing dates: 5 February 2021 Date of orders: 5 February 2021 Decision date: 08 February 2021 Jurisdiction: Common Law Before: Bellew J Decision: Evidence admitted in part Catchwords: EVIDENCE – Tendency evidence - Accused charged with murder – Defence of self-defence or defence of another – Where counsel for the accused sought to adduce evidence of previous instances of violence on the part of the deceased as tendency evidence – Objection by Crown – Whether evidence had significant probative value – Effect of time lapse between some of the instances relied upon and the deceased's murder – Evidence admitted in part Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: DSJ v R; NS v R (2012) 84 NSWLR 758; [2012] NSWCCA 9 El‑Haddad v R (2015) 88 NSWLR 93; [2015] NSWCCA 10 Galea v Farrugia [2013] NSWCA 164 Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 McPhillamy v The Queen [2018] HCA 52; (2018) 361 ALR 13 The Queen v Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40 Reeves (a pseudonym) v R (2013) 41 VR 275; [2013] VSCA 311 R v Lockyer (1996) 89 A Crim R 457 Texts Cited: Oxford English Dictionary Macquarie Dictionary Category: Procedural rulings Parties: Daniel James Sharpe – Accused Regina – Crown Representation: Counsel: K Ratcliffe – Crown T D Anderson – Accused