R v Maybir (No 2) [2015] NSWSC 1737

Supreme Court New South Wales

Medium Neutral Citation: R v Maybir (No 2) [2015] NSWSC 1737 Hearing dates: 9 October 2015 Decision date: 12 October 2015 Before: R A Hulme J Decision: Tendency evidence admissible. Context evidence inadmissible. Catchwords: CRIMINAL LAW – evidence – tendency – s 97 Evidence Act – admissibility of evidence that accused had a tendency to assault young children in his care using his hands or objects for the purpose of disciplining or punishing them – admissibility of evidence that accused had a tendency to cause harm to young children in his care or to be indifferent to harm caused – evidence that accused had a habit of grabbing children by the face is significantly probative – where evidence establishes tendencies relevant to the Crown case – jury to be directed about the permissible and impermissible uses of the evidence – evidence admissible

CRIMINAL LAW – evidence – admissibility of context evidence – where that evidence is said to inform the state of mind of the accused – where evidence is of an earlier relationship of the accused five years before the relevant events – danger of evidence being used for tendency reasoning – little probative value – danger of unfair prejudice – evidence inadmissible Legislation Cited: Evidence Act 1995 (NSW) ss 97(1), 101, 137 Cases Cited: Elomar v R; Hasan v R; Cheikho v R; Cheikho v R; Jamal v R [2014] NSWCCA 303 R v Maybir (No 1) [2015] NSWSC 1736 Sokolowskyj v R [2014] NSWCCA 55 Category: Procedural and other rulings Parties: Regina Kodi James Maybir Representation: Counsel: Mr C Maxwell QC (Crown) Mr G Brady SC (Accused)