R v Player [2000] NSWCCA 123

New South Wales Court of Criminal Appeal

CITATION : R v Player [2000] NSWCCA 123 FILE NUMBER(S) : CCA 60607/99 HEARING DATE(S) : 12 April 2000 JUDGMENT DATE : 12 April 2000

PARTIES : Regina (Respondent) Adam PLAYER (Appellant) JUDGMENT OF : Priestley JA at 20; at 24; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/22/0285 LOWER COURT JUDICIAL Naughton DCJ OFFICER :

COUNSEL : CM Cook (Appellant) MC Marien (Crown Respondent) SOLICITORS : JS Fordham (Appellant) SE O'Connor (Crown Respondent) CATCHWORDS : EVIDENCE - later events closely related in time and place to alleged offence - not propensity evidence but admissible as going to appellant's state of mind. LEGISLATION CITED : Evidence Act 1995, s 97 Hoch v R (1988) 165 CLR 292 Pfennig v R (1994-95) 182 CLR 461 CASES CITED: R v Beserick (1993) 30 NSWLR 510 O'Leary v R (1946) 73 CLR 566 R v Adam [1999] NSWCCA 189 DECISION : See paragraphs 18 and 19

IN THE COURT OF CRIMINAL APPEAL No 60607/99 PRIESTLEY JA FOSTER AJA SMART AJ

Wednesday, 12 April, 2000 REGINA -V- ADAM PLAYER JUDGMENT 1 PRIESTLEY JA: Justice Smart will give the first reasons of the Court. 2 SMART AJ This stated case concerns the admissibility of certain evidence tendered by the Crown in a prosecution arising out of events that occurred in the early hours of 8 June 1996. 3 The accused was charged pursuant to s. 195(a) of the Crimes Act 1900 with maliciously damaging property belonging to another, namely, a shop window at The Fruit Market in Rawson Street, Epping. The Crown alleged that while in a drunken and aggressive state the appellant smashed a glass fruit shop window of The Epping Fruit Market. The Crown case was a circumstantial one. 4 Naughton DCJ was satisfied of the following beyond reasonable doubt: