R V. CAKOVSKI, Daniel [2004] NSWCCA 280

Reported Decision : 149 A Crim R 21

New South Wales Court of Criminal Appeal

CITATION : R V. CAKOVSKI, Daniel [2004] NSWCCA 280 revised - 19/08/2004 HEARING DATE(S) : 14 May 2004 JUDGMENT DATE : 19 August 2004

JUDGMENT OF : Hodgson JA at 1; Hulme J at 53; Hidden J at 69 DECISION : 1. Appeal allowed 2. Conviction quashed 3. Ordered that there be a new trial.

CATCHWORDS : CRIMINAL LAW - EVIDENCE - Appeal against conviction for murder - Defence of self-defence - Evidence given by appellant that he stabbed the deceased in self-defence, when the (unarmed) deceased persisted in aggression and threats to kill him - Trial judge rejected evidence that 23 years earlier the deceased had killed three people, and that a few hours before his death he threatened to kill another person "like I killed the other three people" - Whether that evidence was admissible as tendency evidence or otherwise. LEGISLATION CITED : Evidence Act 1995 ss.97, 100, 135, 137 Crimes Act 1900 ss.418-422 Festa v. The Queen (2001) 208 CLR 593 Killick v. The Queen (1981) 147 CLR 565 Lawrence v. The Queen 91981) 38 ALR 1 R v. Chin (1985) 157 CLR 671 CASES CITED : R v. Soma (2003) 212 CLR 299 R. v. Cakovski [200] NSWSC 608 R. v. Cakovski [2002] NSWSC 550 R. v. Lockyer (1996) ACrimR 457 R. v. Martin [2000] NSWCCA 332 Shaw v. The Queen (1952) 85 CLR 365 PARTIES : Regina - respondent Daniel Cakovski - appellant FILE NUMBER(S) : CCA 60279/03 COUNSEL : Mr. W. Terracini SC with Mr. R. Ponetllo for the appellant Mr. P. Ingram for Crown/respondent SOLICITORS : W.H. Parsons & Associates for appellant C.K. Smith for respondent