R v Turnbull (No. 5) [2016] NSWSC 439

Supreme Court New South Wales

Medium Neutral Citation: R v Turnbull (No. 5) [2016] NSWSC 439 Hearing dates: 11 April 2016, 12 April 2016 Decision date: 15 April 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. The conduct of the deceased relied upon by the Accused, and as identified in this judgment is not capable of constituting a serious indictable offence under s.13 Crimes (Domestic and Personal Violence) Act 2007 for the purpose of s.23(2)(b) Crimes Act 1900. 2. The application of the Accused to rely upon tendency evidence is declined. Catchwords: CRIMINAL LAW – pre-trial hearing – whether partial defence of extreme provocation is raised –murder – s.23 Crimes Act 1900 – whether the alleged conduct of the deceased was capable of constituting a serious indictable offence – s.13 Crimes (Domestic and Personal Violence) Act 2007 – consideration of Parliamentary intention of Crimes Amendment (Provocation) Act 2014 – whether the conduct of the deceased connected with investigations of alleged land clearing contrary to the Native Vegetation Act 2003 could amount to a serious indictable offence CRIMINAL LAW – pre-trial hearing – tendency evidence –defence seeking to adduce tendency evidence in respect to the deceased – relevance – significant probative value Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Crimes Amendment (Provocation) Act 2014 Criminal Procedure Act 1986 Evidence Act 1995 Interpretation Act 1987 Native Vegetation Act 2003 Police Act 1990 Evidence Regulation 2015 Cases Cited: AW v R [2009] NSWCCA 1 Heron v The Queen [2003] HCA 7; 77 ALJR 908 Lindsay v The Queen [2015] HCA 16; 255 CLR 272 R v Ling (1996) 90 A Crim R 376 R v Martin [2000] NSWCCA 332 R v Peisley (1990) 54 A Crim R 42 R v Turnbull (No. 4) [2016] NSWSC 705 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Ian Robert Turnbull (Accused) Representation: Counsel: Mr PE Barrett (Crown) Mr T Alexis SC; Ms C O'Neill (Accused)