R v Holmes (No 5) [2021] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: R v Holmes (No 5) [2021] NSWSC 115 Hearing dates: 1, 2, 3, 4, 5, 8 and 9 February 2021 Date of orders: 9 February 2021 Decision date: 09 February 2021 Jurisdiction: Common Law Before: Campbell J Decision: 1. The accused is granted leave to rely on the tendency notice served on 8 February 2021; 2. Evidence of the seven matters contained in the accused's tendency notice is admissible subject to requirements of form; 3. Dispense with the reasonable notice requirement under s 97(1)(a) of the Evidence Act 1995 (NSW), subject to the condition that the Crown have the liberty to call such additional evidence as necessary to meet the tendency evidence, after any necessary adjournment and whether in its case in-chief or in-reply, at the Crown's election. Catchwords: EVIDENCE — Voir dire — Tendency evidence —Tendency notice — Defence failure to serve tendency notice within relevant time — Whether Court should dispense with the notice requirement under s 100(1) of the Evidence Act EVIDENCE — Tendency evidence — Significant probative value — Murder — Evidence of a tendency of the deceased to resort to irrational violence following the consumption of alcohol — Defence application to rely on tendency evidence allowed Legislation Cited: Evidence Act 1995 (NSW) ss 55, 56, 97, 100, 101 Criminal Procedure Act 1986 (NSW) s 130A Cases Cited: Hughes v The Queen (2017) 263 CLR 338 R v Cakovski [2004] NSWCCA 280 Elias v R [2006] NSWCCA 365 Texts Cited: N/A Category: Procedural rulings Parties: Regina (Crown) Shane Holmes (Accused) Representation: Counsel: Robert Munro (Crown) Angus Webb (Accused)