R v LN; R v AW (No. 1) [2017] NSWSC 119

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 1) [2017] NSWSC 119 Hearing dates: 20 February 2017; 21 February 2017 Date of orders: 23 February 2017 Decision date: 23 February 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Application by the Crown to rely upon the evidence contained in the tendency notice of 9 February 2017 with respect to LN for tendency purposes is granted. Application by the Crown to rely upon the evidence contained in the tendency notice of 9 February 2017 with respect to AW for tendency purposes is declined. Catchwords: CRIMINAL LAW - murder trial - mother and stepfather charged with murder of three-year old son - Crown alleges that mother inflicted fatal injury to child with intent to kill or cause grievous bodily harm - Crown case that stepfather party to extended joint criminal enterprise with mother to harm the child with mother expressing desire to kill or harm the child - evidence will be before jury for other purposes - evidence that each accused struck and mistreated child over seven-week period before death of child - Crown seeks to rely upon this evidence for tendency purposes - application of ss.97 and 101 Evidence Act 1995 - held that evidence may be relied upon against mother for tendency purposes but not as against stepfather Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Evidence Regulation 2015 Cases Cited: AC v R [2016] NSWCCA 21 Aravena v R [2015] NSWCCA 288 BC v R [2015] NSWCCA 327 DAO v R [2011] NSWCCA 63; 81 NSWLR 568 DSJ v R; NS v R [2012] NSWCCA 9; 84 NSWLR 758 Elomar v R [2014] NSWCCA 303; 316 ALR 206 Hughes v R [2015] NSWCCA 330 IMM v The Queen [2016] HCA 14; 257 CLR 300 R v Ford [2009] NSWCCA 306; 201 A Crim R 451 R v Lockyer (1996) 89 A Crim R 457 Sokolowskyj v R [2014] NSWCCA 55; 239 A Crim R 528 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) LN (Accused) AW (Accused) Representation: Counsel: Ms MM Cunneen SC (Crown) Mr EW Wilson SC (LN) Ms A Moen (AW)