R v Adams [2015] NSWSC 1960

Supreme Court New South Wales

Medium Neutral Citation: R v Adams [2015] NSWSC 1960 Hearing dates: 28 July 2015 - 30 July 2015, 27 August 2015 Decision date: 18 December 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The evidence about the hair analysis is admissible. (2) The tendency evidence foreshadowed in the tendency notice of 17 March 2014 is admissible. (3) The matter is listed in the arraignments list on 12 February 2016 at 10 AM. Catchwords: CRIMINAL LAW – evidence – admissibility of tendency evidence in a murder trial – accused not yet arraigned before a jury panel – alleged sexual assault and manual strangulation of the deceased – whether foreshadowed tendency evidence in the Crown case passes the test contained in s 101 of the Evidence Act 1995 (NSW)

CRIMINAL LAW – evidence – mitochondrial DNA analysis of a hair said to have been located by police in 1983 in the boot of a motor vehicle owned by the accused – deficiencies in the chain of possession – whether the evidence of the hair analysis passes the test contained in s 137 of the Evidence Act 1995 (NSW) Legislation Cited: Evidence Act 1995 (NSW), ss 55, 70, 97, 101, 101(2), 137, 192A Cases Cited: El-Haddad v R [2015] NSWCCA 10 Jones v R [2014] NSWCCA 280 McIntosh v R [2015] NSWCCA 184 R v Shamouil [2006] NSWCCA 112; (2006) 66 NSWLR 228 R v XY [2013] NSWCCA 121; (2013) 84 NSWLR 363 Sokolowskyj v R [2014] NSWCCA 55 Category: Procedural and other rulings Parties: Regina Robert John Adams Representation: Counsel: M Hobart SC (Crown) P Boulten SC (Accused) C Parkin (Accused)