R v Evans (No 1) [2017] NSWSC 741

Supreme Court New South Wales

Medium Neutral Citation: R v Evans (No 1) [2017] NSWSC 741 Hearing dates: 10 April 2017 Decision date: 04 May 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Tendency and coincidence evidence admissible Catchwords: CRIMINAL LAW – evidence – tendency evidence pursuant to Evidence Act 1995, s 97 – coincidence evidence pursuant to Evidence Act 1995, s 98 – allegation of two home invasions committed a month apart – charges of murder, specially aggravated break, enter and steal – aggravated detain for advantage – substantial similarities between two incidents – principal fact in issue whether accused present at both – no concession that joint criminal enterprises proved nor mental elements of offences established – evidence capable of having significant probative value on both bases – risk of unfair prejudice outweighed – evidence admissible on both bases Legislation Cited: Criminal Procedure Act 1986 (NSW) s 143 Evidence Act 1995 (NSW) ss 55, 97, 101(2) Cases Cited: Aravena v R [2015] NSWCCA 288 Elomar v R; Hasan v R; Cheikho v R; Jamal v R [2014] NSWCCA 303 Hughes v R [2015] NSWCCA 330 R v Matonwal & Amood [2016] NSWCCA 174 Saoud v R [2014] NSWCCA 136; 87 NSWLR 481 Category: Procedural and other rulings Parties: Regina Ryan David Evans Representation: Counsel: Mr C Maxwell QC (Crown) Mr R Webb (Accused)

Solicitors: Solicitor for Public Prosecutions Criminal Defence Group File Number(s): 2014/309094