R v Merrick (No 2) [2016] NSWSC 164

Supreme Court New South Wales

Medium Neutral Citation: R v Merrick (No 2) [2016] NSWSC 164 Hearing dates: 29 February 2016 – 1 March 2016 Date of orders: 01 March 2016 Decision date: 02 March 2016 Jurisdiction: Common Law Before: Wilson J Decision: The following evidence is rejected:

(1) Evidence connected with the accused's supposed act in slashing the tyres of a bicycle owned by Jackson Blackie; (2) Evidence connected with the accused's abusive comments to the deceased's employer after an error in the calculation or payment of the deceased's salary; (3) Evidence connected with the accused's supposed hatred of David Blackie, except insofar as the evidence is of a threat made to Mr Blackie coupled with a threat made to the deceased; and (4) Insofar as it is necessary for me to do so, I reject the evidence relating to the accused's cocaine use.

See Annexure A for admissibility of text messages. Catchwords: CRIMINAL LAW – evidence – admissibility of context evidence – admissibility of relationship evidence – relevance – where that evidence is said to inform the mental element of the charge – where that evidence is said to go to proof of the dangerousness of the act in question – where that evidence is said to go to a proper assessment by the jury of the accounts that the accused has given to others - whether probative value of evidence outweighed by the danger of unfair prejudice Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: DJV v R [2008] NSWCCA 272; (2008) 200 A Crim R 206 HML v R [2008] HCA 16; (2008) 245 ALR 204 JDK v R; R v JDK [2009] NSWCCA 76; (2009) 194 A Crim R 333 Qualtieri v R [2006] NSWCCA 95; (2006) 171 A Crim R 463 R v Andrews [2003] NSWCCA 7 R v Clark [2001] NSWCCA 494; (2001) 123 A Crim R 506 R v Garner (1963) 81 WN (Pt 1) NSW 120 R v Do (No 2) [2015] NSWSC 111 Regina v ATM [2000] NSWCCA 475 Regina v Frawley [2005] NSWCCA 66; (2005) 152 A Crim R 336 Wilson v The Queen [1970] HCA 17; (1970) 123 CLR 334 Category: Procedural and other rulings Parties: Regina Ross Albert Merrick Representation: Counsel: Mr B Campbell (Crown) Ms T Evers (Accused)