R v Jacobs (No 5) [2013] NSWSC 946

Supreme Court New South Wales

Medium Neutral Citation: R v Jacobs (No 5) [2013] NSWSC 946 Hearing dates: 24 June 2013 Decision date: 26 June 2013 Jurisdiction: Common Law - Criminal Before: Button J Decision: 1. The evidence relating to the manslaughter committed by Mr Terrence Price is admissible. 2. The evidence with regard to other matters on the criminal record of Mr Price is inadmissible, at least with regard to tendency purposes. 3. There would be no credibility consequences to the accused if the facts relating to the manslaughter committed by Mr Price were placed before the jury. 4. The evidence of the tendency of the accused to connect himself verbally with firearms is inadmissible. Catchwords: EVIDENCE LAW - application for advanced ruling pursuant to s 192A of Evidence Act - proposed cross-examination of Crown witness with regard to past offences - Crown witness convicted of manslaughter - tendency adduced by accused of Crown witness to act violently - whether evidence has significant probative value - whether facts in remarks on sentence admissible pursuant to s 91 of Evidence Act - evidence of manslaughter admissible as tendency evidence - undisputed facts found in remarks on sentence admissible - no adverse credibility consequences

EVIDENCE LAW - whether tendency of accused to threaten people verbally with regard to firearms admissible - tendency evidence adduced by Crown of accused - whether evidence has significant probative value - whether probative value of evidence substantially outweighs prejudicial effect - tendency of accused inadmissible Legislation Cited: Evidence Act 1995 Cases Cited: R v Cook [2004] NSWCCA 52 R v Shamouil [2006] NSWCCA 112; (2006) 66 NSWLR 228 R v XY [2013] NSWCCA 121 Category: Procedural and other rulings Parties: Regina Michael Allan Jacobs Representation: Counsel: P Barrett (Crown) T Hoyle SC (defendant) Solicitors: Solicitor for Public Prosecutions (Crown) Zahr Lawyers (defendant) File Number(s): 2012/89001