R v Bryce (No 1) [2014] NSWSC 495

Supreme Court New South Wales

Medium Neutral Citation: R v Bryce (No 1) [2014] NSWSC 495 Hearing dates: 28 April 2014 Decision date: 28 April 2014 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Evidence of statements made by deceased about assaults upon her on 11 and 14 May 2012 rejected. Evidence of photographs and observations of deceased's injuries on 15 May 2012 allowed. Catchwords: EVIDENCE - statements made by deceased about previous assaults upon her - relationship evidence - hearsay - s 65(2)(b) of the Evidence Act - whether representations made "shortly after" asserted fact occurred.

EVIDENCE - photographs and observations of deceased's injuries - whether probative value outweighed by prejudicial effect - Evidence Act s 137. Legislation Cited: Evidence Act 1995 (NSW), s 65, s 137 Cases Cited: - Conway v R (2000) 98 FCR 204 - Harris v R [2005] NSWCCA 432 - R v Toki (No 3) [2000] NSWSC 999 - Williams v R [2000] FCA 1868; 119 A Crim R 490 - Wilson v R (1970) 123 CLR 334 Category: Interlocutory applications Parties: Crown (Prosecutor) John Keith Bryce (Accused) Representation: Counsel: E. Balodis (Crown) P.S. Williams (Accused) Solicitors: Director of Public Prosecutions (Crown) Andrew Scali (Accused) File Number(s): 2012/156908 Publication restriction: Not published until after verdict reached.