R v Lupton (No 1) [2022] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: R v Lupton (No 1) [2022] NSWSC 33 Hearing dates: 19, 20 January 2022 Date of orders: 20 January 2022 Decision date: 20 January 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) The tendency evidence is not admissible. (2) The text messages are admissible with the exception of items 87 to 90, 186 and all or part of 188. Catchwords: CRIMINAL LAW – evidence – tendency evidence – murder by stabbing – where accused arrested with knife the night before alleged murder – accused arrested with small blade at the time of his arrest after the murder – alleged tendency to possess knives – where issue in trial expected to be self defence and whether accused brought knife to the scene – whether evidence possesses significant probative value – whether unfair prejudice exceeds probative value CRIMINAL LAW – evidence – text messages – whether evidence relevant to the accused's state of mind – whether direction capable of curing any potential misuse of the evidence Legislation Cited: Evidence Act 1995 (NSW) s 97(1)(a) Cases Cited: Elomar v R [2014] NSWCCA 303 Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20 IMM v R (2016) 257 CLR 300; [2016] HCA 14 Category: Procedural rulings Parties: Regina Jay Lupton Representation: Counsel: G Harrison (Regina) A Webb (Lupton)

Solicitors: Solicitor for the NSW DPP (Regina) Legal Aid (Lupton) File Number(s): 2020/00073934