R v Cahill (No. 2) [2018] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: R v Cahill (No. 2) [2018] NSWSC 1531 Hearing dates: 8 October 2018 Date of orders: 11 October 2018 Decision date: 11 October 2018 Jurisdiction: Common Law Before: Johnson J Decision: Johnson J: 1. allows the Crown to adduce evidence for tendency purposes in accordance with the Crown's Amended Tendency Notice; 2. allows the Crown to adduce evidence as relationship evidence in the form of evidence to be admitted for tendency purposes together with the additional evidence identified by the Crown; 3. rejects the defence application to rely upon evidence for tendency purposes in accordance with the defence Amended Tendency Notice; 4. will hear counsel on objections to specific parts of the evidence, in particular those parts of the evidence which involve statements made by Mr Walsh to other persons. Catchwords: CRIMINAL LAW - murder trial - Accused charged with murder of partner - Crown application to adduce tendency evidence and relationship evidence - defence application to adduce tendency evidence - trial issues include self-defence (and defence of another), extreme provocation and substantial impairment - Crown application to adduce relationship evidence allowed - Crown application to rely upon evidence concerning two incidents for tendency purposes allowed - defence application to rely on evidence for tendency purposes declined Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: BC v R [2015] NSWCCA 327 BJS v R (2013) 231 A Crim R 537; [2013] NSWCCA 123 DAO v R [2011] NSWCCA 63; 81 NSWLR 568 DSJ v R; NS v R (2012) 84 NSWLR 758; [2012] NSWCCA 9 Elomar v R (2014) 316 ALR 206; [2014] NSWCCA 303 Hughes v The Queen (2017) 92 ALJR 52; [2017] HCA 20 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Norman v R [2012] NSWCCA 230 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v Burton (2013) 237 A Crim R 238; [2013] NSWCCA 335 R v Clark (2001) 123 A Crim R 506; [2001] NSWCCA 494 R v Merrick (No. 2) [2016] NSWSC 164 R v Toki (No. 3) (2000) 116 A Crim R 536 R v Watkins (2005) 153 A Crim R 434; [2005] NSWCCA 164 The Queen v Bauer (2018) 92 ALJR 846; [2018] HCA 40 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Cathrina Ann Cahill (Accused) Representation: Counsel: Ms N Williams (Crown) Mr J Trevallion (Accused)