R v Wilson (No 2) [2017] NSWSC 1673

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson (No 2) [2017] NSWSC 1673 Hearing dates: 27 November 2017, 28 November 2017 and 30 November 2017 Date of orders: 01 December 2017 Decision date: 01 December 2017 Before: Schmidt J Decision: Lay opinion evidence admissible. Catchwords: CRIMINAL LAW – murder – special hearing – judge alone – evidence – s 78 of Evidence Act 1995 (NSW) – lay opinion evidence Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 3 Category: Procedural and other rulings Parties: Regina Pearl Marie Wilson Representation: Counsel: Ms K Ratcliffe (Crown) Mr P McGrath SC (Accused)

Solicitors: Solicitor for the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Accused) File Number(s): 2013/88509 and 2013/44091 Publication restriction: Nil

Judgment 1. On 29 November 2017 I rejected objections to parts of the statements of two defence witnesses, Ms Goodwin and Mr Wellington, relied on in support of Ms Wilson's tendency notice. The Crown's case was that the evidence did not fall within s 78(b) of the Evidence Act 1995 (NSW). 2. These are the reasons for those conclusions.

The tendency notice 1. The tendency notice identified two tendencies: 1. Mr Shepstone had a tendency to act in an aggressive or violent manner toward women with whom he was in a relationship and towards Ms Wilson in particular. 2. Ms Wilson had a tendency to not necessarily report, or seek prosecution of, serious assaults perpetrated on her by Mr Shepstone.