R v MR, JB and CS (young persons) (No 3) [2024] NSWSC 259

Supreme Court New South Wales

Medium Neutral Citation: R v MR, JB and CS (young persons) (No 3) [2024] NSWSC 259 Hearing dates: 11 and 14 March 2024 Date of orders: 14 March 2024 Decision date: 15 March 2024 Jurisdiction: Common Law Before: Huggett J Decision: (1) The notice requirements for evidence to be adduced by MR pursuant to s 97 of the Evidence Act 1995 (NSW) are dispensed with. (2) Event 73856475 is admissible tendency evidence (subject to any other objection as to the precise details of the evidence). (3) Event 73811236 is not admissible tendency evidence (subject to any other objection as to the precise details of the evidence). (4) Event 446153592 is not admissible tendency evidence (subject to any other objection as to the precise details of the evidence). (5) Event 79147746 is admissible tendency evidence (subject to any other objection as to the precise details of the evidence). (6) Event 80796544 is not admissible tendency evidence (subject to any other objection as to the precise details of the evidence). (7) Event 1111655090 is admissible tendency evidence (subject to any other objection as to the precise details of the evidence). (8) Event 87547848 is admissible tendency evidence (subject to any other objection as to the precise details of the evidence). Catchwords: EVIDENCE – tendency evidence – MR charged with murder – MR raising self-defence – MR seeks to adduce evidence of previous conduct by the deceased as tendency evidence – objection by the Crown – whether evidence has significant probative value Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Reeves (a pseudonym) v R (2013) 41 VR 275; [2013] VSCA 311 Texts Cited: Nil Category: Procedural rulings Parties: Rex (Crown) MR (Accused) JB (Accused) CS (Accused) Representation: Counsel: E Balodis (Crown) A Evers (MR) S Talbert (JB) C Wasley (CS)