R v Bryce (No 2) [2014] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: R v Bryce (No 2) [2014] NSWSC 498 Hearing dates: 29 April 2014 Decision date: 29 April 2014 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: 1. The accused may adduce evidence of the conduct of the deceased referable to the alleged tendency of the deceased to behave aggressively and violently as described in entries 1 to 3, 7 and 8, 10 to 14, 16 to 22 and 26 to 27 of the Tendency Notice dated 22 April 2014. 2. The accused may adduce evidence of the conduct of the deceased referable to the alleged tendency of the deceased to engage in self-harm as described in entry 1 of the Tendency Notice dated 22 April 2014. 3. The accused may tender the balance of the documents referable to the alleged tendency of the deceased to engage in self-harm that are annexed to the Tendency Notice dated 22 April2014. Catchwords: EVIDENCE - TENDENCY - tendency evidence adduced by accused - tendency of deceased to engage in "violent/aggressive behaviour" - tendency of deceased towards self-harm - COPS entries - medical records - whether evidence has significant probative value. Legislation Cited: - Evidence Act 1995 (NSW), s 69, s 97 Cases Cited: - DSJ v R; NS v R [2012] NSWCCA 9 - R v Bryce (No 1) [2014] NSWSC 495 Category: Procedural and other rulings 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.