R v Maybir (No 7) [2015] NSWSC 1742

Supreme Court New South Wales

Medium Neutral Citation: R v Maybir (No 7) [2015] NSWSC 1742 Hearing dates: 12 November 2015 Decision date: 12 November 2015 Jurisdiction: Common Law Before: R A Hulme J Decision: Evidence admissible 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 – where evidence is already before the jury as context evidence – evidence has substantial probative value – evidence admissible

CRIMINAL LAW – evidence – tendency – s 97 Evidence Act – admissibility of evidence that accused had a particular state of mind toward the deceased – an attitude of disdain dislike and disrespect – anger toward the deceased – where evidence already before the jury as context evidence – evidence has substantial probative value – evidence admissible Legislation Cited: Evidence Act 1995 (NSW) s 97 Cases Cited: R v Maybir (No 2) [2015] NSWSC 1737 Texts Cited: Criminal Trial Bench Book Category: Procedural and other rulings Parties: Regina Kodi James Maybir Representation: Counsel: Mr C Maxwell QC (Crown) Mr G Brady SC (Accused)

Solicitors: Solicitor for Public Prosecutions Younes Espiner Criminal Lawyers File Number(s): 2013/285215