R v Fuller (No 2) [2024] NSWSC 1208

Supreme Court New South Wales

Medium Neutral Citation: R v Fuller (No 2) [2024] NSWSC 1208 Hearing dates: 24 September 2024 Date of orders: 25 September 2024 Decision date: 27 September 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Evidence of the first alleged tendency is inadmissible; (2) Evidence of Courtney Billsborough consistent with par (47) of her statement dated 21 June 2023 and pars (4), (5) and (6) of her statement dated 24 May 2024 is admissible as to the second tendency; (3) Evidence of Courtney Billsborough consistent with par (17) of her statement dated 21 June 2023 is admissible as to the third tendency; and (4) Evidence of the body worn videos made on 26 July 2018 and 4 November 2020 is admissible as to the fourth tendency. Catchwords: EVIDENCE – Admissibility – Tendency evidence – Asserted tendency to threaten to 'jump on a person's head' – Asserted tendency to engage in significant threats of violence in response to minor incidents involving motor vehicles – Asserted tendency to use violence in a calculated and controlled way in response to conflict – Asserted tendency to claim fear as a means of manipulating a situation or justifying criminal activity – Whether tendency evidence has significant probative value Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(a), (b), 23A, 421 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Evidence Act 1995 (NSW), s 97(1), 101 Cases Cited: IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Taylor v R [2020] NSWCCA 355 Category: Procedural rulings Parties: Rex Connor Fuller (Accused) Representation: Counsel: B Costello (Crown) M King (Accused)