R v MEYN, John Michael (No 2) [2012] NSWSC 1449

Supreme Court New South Wales

Medium Neutral Citation: R v MEYN, John Michael (No 2) [2012] NSWSC 1449 Hearing dates: 19, 20, 21 November 2012 Decision date: 21 November 2012 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Tender of tendency evidence rejected. Catchwords: CRIMINAL LAW - Evidence - tendency - domestic homicide - murder - application on voir dire to adduce evidence that the accused has a tendency to act in a violent way when he has a disagreement with a person with whom he has or had an intimate relationship - alleged attempt to strangle previous partner's male colleague - alleged attempt to strangle previous partner - accused caused self harm following dispute with previous partner - similarity of acts - distance in time - whether significant probative value to facts in issue. Legislation Cited: Evidence Act 1995 - s 55, s 97, s 98, s 101, s 138 Cases Cited: - Bangaru v R [2012] NSWCCA 204 - DSJ v R [2012] NSWCCA 9; 259 FLR 262 - R v Cittadini [2008] NSWCCA 256; 189 A Crim R 492 - R v Fletcher [2005] NSWCCA 338; 156 A Crim R 308 - R v Meyn (No 1) [2012] NSWSC 1441 - R v PWD [2010] NSWCCA 209; 205 A Crim R 75 Category: Procedural and other rulings Parties: Crown (Prosecutor) John Michael Meyn (Accused) Representation: Counsel: T.W. Thorpe (Crown) K.A. Chapple SC (Accused) Solicitors: Director of Public Prosecutions (Crown) George Sten & Co (Accused) File Number(s): 2011/116480