R v Papanicolaou (No 2) [2021] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: R v Papanicolaou (No 2) [2021] NSWSC 1696 Hearing dates: 15 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) Tendency evidence identified in the Crown's notice of tendency evidence dated 28 April 2021 not admissible. (2) Coincidence evidence identified in the Crown's notice of coincidence evidence dated 28 April 2021 not admissible. Catchwords: CRIME — murder — partial defences — substantial impairment CRIMINAL PROCEDURE — trial — case management — pre-trial hearing — advance ruling on admissibility of tendency and coincidence evidence EVIDENCE — tendency and coincidence evidence — criminal proceedings — where tendency evidence and coincidence evidence overlap because prosecution seeks to rely on coincidence evidence to establish that accused had particular tendency — whether the evidence has significant probative value — where probative value is lacking in the particular circumstances of the present case because tendency expressed at a high level of generality — whether probative value of the evidence is outweighed by danger of unfair prejudice — danger that jury may be clouded by an emotional response to the evidence — danger that jury may fail to allow that a person with a particular tendency to act or think a certain way did not act or think that way on the occasion in question — danger occasioned by requiring accused to answer a raft of uncharged conduct — evidence inadmissible Legislation Cited: Crimes Act 1900 (NSW), s 23A Criminal Procedure Act 1986 (NSW), ss 143, 151 Evidence Act 1995 (NSW), ss 94, 97, 98, 101, 192A, Dictionary Evidence Regulation 2020 (NSW), cll 5, 6 Cases Cited: 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; 92 ALJR 1045 Category: Procedural rulings Parties: Regina (Crown) Hanny Papanicolaou (Accused) Representation: Counsel: C Taylor (Crown) T Quilter with J Brock (Accused)