R v Bowie (No 2) [2022] NSWSC 1503

Supreme Court New South Wales

Medium Neutral Citation: R v Bowie (No 2) [2022] NSWSC 1503 Hearing dates: 26 September 2022 Date of orders: 26 September 2022 Decision date: 04 November 2022 Jurisdiction: Common Law Before: Yehia J Decision: (1) The evidence relating to the alleged violence against Judith Said is inadmissible as tendency evidence. (2) The evidence contained in the statement of Donna Kuhnell, dated 19 August 2022, namely: (a) Paragraphs [7] and [8] are admissible as tendency evidence; (b) In respect of paragraphs [12] and [13], the evidence referring to the statement: "he struck me on a regular basis", is admissible as tendency evidence as long as it is of events that allegedly took place during the domestic relationship; and (c) Paragraphs [14] and [15] and paragraphs [16] – [23] are inadmissible as tendency evidence. (3) The evidence contained in the statement of Officer Troy Yarrow, dated 29 July 2022, is inadmissible as tendency evidence. Catchwords: EVIDENCE – Tendency evidence – Tendency to be intentionally violent towards women with whom the accused was in a domestic relationship – Domestic violence against subsequent partners – Evidence relevant to whether the accused caused death of his wife – Relevant to rebut possibility wife abandoned children – Where alleged victim of domestic violence has never complained of violence at the hands of the accused and is now deceased – Probative value outweighed by risk of unfair prejudice – Evidence of Donna Kuhnell admissible in part – Evidence relating to alleged violence against Judith Said inadmissible Legislation Cited: Evidence Act 1995 (NSW) ss 97 and 101 Category: Procedural rulings Parties: Rex (Crown) John Douglas Bowie (Accused) Representation: Counsel: A Morris (Crown) W Terracini SC (Accused) Solicitors: Department of Public Prosecution (Crown) LY Lawyers (Accused) File Number(s): 2019/00146792