R v Anderson [2015] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: R v Anderson [2015] NSWSC 1474 Hearing dates: 25, 26, 27 May 2015 Date of orders: 27 May 2015 Decision date: 27 May 2015 Jurisdiction: Common Law Before: McCallum J Decision: Tendency evidence excluded. Evidence of Nardia Simms Green admitted. Evidence of Aaron Timbery admitted. Catchwords: CRIMINAL LAW – trial procedure – trial rulings – tendency evidence – relationship evidence – admissibility of evidence where maker does not recall the making of statement – where maker heavily intoxicated by drugs – whether admissions contained in evidence would be unfair to accused – whether probative value outweighed by unfair prejudice Legislation Cited: Evidence Act 1995 (NSW), ss 32, 38, 66, 90, 97, 100, 101, 192 Cases Cited: Jacara Pty Ltd v Perpetual Trustees WA Ltd [2000] FCA 1886; 106 FCR 51 R v Harker [2004] NSWCCA 427 Category: Procedural and other rulings Parties: Regina (Crown) Christopher Anderson (Accused) Representation: Counsel: V Lydiard (Crown) C Waterstreet (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Murphy's Lawyers Inc (Accused) File Number(s): 2013/235869 Publication restriction: Not to be published until after re-trial

Judgment 1. HER HONOUR: Christopher Anderson is being tried by jury for the murder of Allira Green. During the course of the trial, I have given a number of rulings, reserving my reasons so as not to detain the jury. This judgment states my reasons for giving those rulings.