NSW Caselaw
New South Wales Supreme Court
CITATION : R v Keli LANE [No 11] [2010] NSWSC 1538
HEARING DATE(S) : 09/08/2010 - 13/12/2010
JUDGMENT DATE : 6 October 2010
JUDGMENT OF : Whealy J
CATCHWORDS : EVIDENCE - admissibility - tendency - directions to be given to jury - probative versus prejudicial value - risk of unfair trial - likelihood of jury adopting impermissible reasoning.
LEGISLATION CITED : Evidence Act 1995 ss 97, 101
CATEGORY : Procedural and other rulings
R v Cittadini (2008) 189 A Crim R 492 Pfennig v R (1995) 182 CLR 461 CASES CITED : Cornwell v R (2007) 231 CLR 260 R v Ford [2009] NSWCCA 306 R v RM [2005] NSWCCA 413 HML v R; SB v R; OAE v R (2008) 235 CLR 334
PARTIES : Regina (Crown) Keli LANE (Accused)
FILE NUMBER(S) : SC 2009/256171
COUNSEL : M Tedeschi QC / H Baker (Crown) K Chapple SC / S Sloane (Accused)
SOLICITORS : Director of Public Prosecutions (Crown) K Laurie, Archbold Legal Solutions (Accused)
LOWER COURT JURISDICTION : Compensation Court
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
WHEALY J
WEDNESDAY 6 TH OCTOBER 2010
2009/256171 R v Keli LANE
JUDGMENT - Re application by the Crown to use evidence as tendency evidence
1 HIS HONOUR: In June and July 2010, the Crown gave Tendency Notices to the defence indicating that it proposed to rely upon tendency evidence at trial. The nature of the first two aspects of the Tendency Notices were dealt with during argument. The Crown had sought to place reliance upon this tendency evidence in the following ways:
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