R v Lambaditis [2015] NSWSC 182

Supreme Court New South Wales

Medium Neutral Citation: R v Lambaditis [2015] NSWSC 182 Hearing dates: 5 March 2015 Date of orders: 09 March 2015 Decision date: 09 March 2015 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Application to admit evidence refused Catchwords: EVIDENCE – EXPERT EVIDENCE – MARTIAL ARTS TRAINING – whether the accused proficient in martial arts techniques – whether expert evidence capable of establishing such proficiency – whether the evidence in the Crown case admissible as expert opinion evidence on a state of mind issue on a charge of murder – namely as proof of an intention to cause grievous bodily harm – held that the opinion evidence in question could not be relevant to a fact in issue in the proceedings – the evidence even if admissible should be excluded under s 135 or s 137 Evidence Act 1995 Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: Makita Australia Pty Ltd v Sprowles [2001] 52 NSWLR 705 R v Rose [2002] NSWCCA 455 Smith v R (2001) 206 CLR 650 Category: Procedural and other rulings Parties: Regina (Crown) Nicholas Lambaditis (Accused) Representation: Counsel: T Bailey (Crown) E Ozen (Accused)

Solicitors: Director of Public Prosecutions (Crown) Australian Criminal Law Specialists Pty Ltd (Accused) File Number(s): 2013/331450

Judgment 1. This judgment is concerned with a pre-trial issue as to the admissibility of certain evidence which the Crown proposes to call, in particular, expert evidence in order to establish that the accused possessed martial arts skills said to have been employed in the assault that occurred on the deceased, Lucio Rodrigues on Sunday, 3 November 2013. 2. The accused is charged on indictment that on that date he did murder Lucio Rodrigues: s 18(1)(a) Crimes Act 1900. 3. He is further charged that on the same date he assaulted Eric Heward and thereby occasioned actual bodily harm to him: 59(1) Crimes Act 1900. 4. The accused has entered a not guilty plea to the charge of murder.