R v Russell (No 2) [2022] NSWSC 1793

Supreme Court New South Wales

Medium Neutral Citation: R v Russell (No 2) [2022] NSWSC 1793 Hearing dates: 20-21 April 2022 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: 1) The accused's application to admit tendency evidence pursuant to the tendency notice is accepted. 2) The accused's application to exclude evidence previously given by a witness, Mr Bangel, is rejected. Catchwords: EVIDENCE — Tendency evidence — Criminal proceedings – significant probative value – reasonable notice EVIDENCE — Discretions — Application to exclude evidence – where witness' evidence had previously been given by audio-visual recording – where evidence later adduced by the Crown had not been put to witness during recording of evidence – whether Crown was under an obligation to disclose that evidence Legislation Cited: Criminal Procedure Act 1986 (NSW), s 146 Evidence Act 1995 (NSW), ss 97, 100 Cases Cited: Gardiner v Regina (2006) 162 A Crim R Hughes v R (2017) 263 CLR 338 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 R v Bryce (No 2) [2014] NSWSC 498 R v Cittadini [2008] NSWCCA 256 R v Lockyer (1996) 89 A Crim R 457 R v Sharpe (No 5) [2021] NSWSC 52 Category: Procedural rulings Parties: Regina (Crown) Eric George Russell (Accused) Representation: Counsel: C Taylor (Crown) P Coady (Accused)