R v Da Silva [2016] NSWSC 563

Supreme Court New South Wales

Medium Neutral Citation: R v Da Silva [2016] NSWSC 563 Hearing dates: 2 May 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Before: Harrison J Decision: Tendency evidence allowed Catchwords: EVIDENCE – tendency evidence – murder – death of domestic partner of accused – circumstantial case – evidence of accused's alleged tendency to treat former domestic partners in a violent, obsessive and controlling manner – whether significant probative value – whether probative value of evidence substantially outweighs possible prejudicial effect upon accused Legislation Cited: Evidence Act 1995 Cases Cited: Aravena v R [2015] NSWCCA 288 Category: Procedural and other rulings Parties: Regina (Crown) Ricardo Francis Herman Da Silva (Accused) Representation: Counsel: L Carr (Crown) A Moen (Accused)

Solicitors: Director of Public Prosecutions (Crown) Fay Rose Legal (Accused) File Number(s): 2013/361049 Publication restriction: Nil

Judgment 1. HIS HONOUR: Ricardo Da Silva is charged with the murder of his former partner Amanda Carter. Ms Carter was discovered in her bed on the morning of 16 May 2010 with fatal head and facial injuries caused by a series of blunt force blows with an unspecified object. It appears that she was killed where she lay. 2. Mr Da Silva and Ms Carter had been in a relationship since late in 2006, although there had been some periods of separation. They met through an online dating website. Their relationship was terminated for the last time on 14 February 2010. It is the Crown case that between then and the date of Ms Carter's death, Mr Da Silva became increasingly agitated about the end of the relationship and that he killed Ms Carter in circumstances that were generated or influenced by his reaction to what had occurred. 3. In accordance with s 97(1) of the Evidence Act 1995, the Crown served a notice that it intended to adduce evidence of the character, reputation or conduct of Mr Da Silva, or of a tendency that he has or had, in order to prove his tendency to act in a particular way or to have a particular state of mind. The tendency sought to be proved was particularised as follows: To be emotionally manipulative and violent towards women with whom he had a domestic relationship and to have a particular state of mind, namely a possessive and obsessive state of mind towards women with whom he was in a domestic relationship. 1. The substance of the tendency evidence which the Crown intended to adduce was contained in a series of statements attached to the notice. It was in summary evidence from Mr Da Silva's former domestic partners who complained that they had been violently treated or emotionally manipulated by him during the course of their relationships, or from direct witnesses to that conduct exhibited by Mr Da Silva to these women in those circumstances. A brief summary of that evidence follows.