R v Martin (No 2) [2024] NSWSC 969

Supreme Court New South Wales

Medium Neutral Citation: R v Martin (No 2) [2024] NSWSC 969 Hearing dates: 15 July 2024 Date of orders: 16 July 2024 Decision date: 16 July 2024 Jurisdiction: Common Law Before: Chen J Decision: See [58] Catchwords: EVIDENCE – Tendency evidence – Criminal proceedings – Where accused seeks leave, pursuant to s 97 of the Evidence Act 1995 (NSW), to adduce evidence that at the time of his death, the deceased had a tendency to act in a certain way – Where accused alleges that tendency evidence is relevant to the conduct of the deceased at the time of or immediately before the confrontation that led to the deceased's death, and therefore relevant to support the accused's case he was acting in self-defence – Whether the tendency evidence has "significant probative value" under s 97(1)(b) – Accused's application to rely on tendency evidence granted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Geraghty v R [2023] NSWCCA 47 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; (2018) 92 ALJR 1045 R v Bauer (2018) 266 CLR 56; [2018] HCA 40 Taylor v R [2020] NSWCCA 355 TL v The King (2022) 275 CLR 83; [2022] HCA 35 Category: Procedural rulings Parties: Rex (Crown) Nicholas Luke Martin (Accused) Representation: Counsel: L Shaw (Crown) A Evers (Accused)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Sydney Criminal Defence & Traffic Lawyers (Accused) File Number(s): 2022/00103442 Publication restriction: Nil