R v Warren ROSS (No 2) [2013] NSWSC 2042

Supreme Court New South Wales

Medium Neutral Citation: R v Warren ROSS (No 2) [2013] NSWSC 2042 Hearing dates: 25 October 2013 Decision date: 25 October 2013 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: 1. Because the Crown no longer presses the evidence, it is unnecessary to state an attitude to the admissibility of the conversation between Ms X and Ms Deaves. 2. As to the remainder of the application to reject evidence on the basis of impropriety in the manner in which it is said to have been obtained, the application is rejected and the evidence of Ms Deaves is, in that respect, admissible. 3. I make the following rulings on the admissibility of the evidence that is subject to the Tendency Notice and its use (see table at [8]) 4. The foregoing is not a reference to all of each of the statements, only to the paragraphs relied on for tendency purposes. 5. Further, the foregoing ruling deals only with the tendency issue and no other ground of objection. 6. Reasons for the foregoing rulings are reserved and will be issued as soon as practicable. Catchwords: CRIMINAL LAW - admissibility of tendency evidence - preliminary ruling - evidence of past abuse of deceased by accused Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Gardiner v R [2006] NSWCCA 190; (2006) 162 A Crim R 233 KJR v R [2007] NSWCCA 165; (2007) 173 A Crim R 226 R v Ellis [2003] NSWCCA 319; (2003) 58 NSWLR 700 R v Shamouil [2006] NSWCCA 112; (2006) 66 NSWLR 228 Category: Interlocutory applications Parties: Regina (Crown) Warren Ross (Offender) Representation: Counsel: E. Balodis (Crown) S. McNaughton SC (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Mcwilliams Lawyers (Offender) File Number(s): 2011/310910 Publication restriction: None