R v Cresnar [2019] NSWDC 625

District Court New South Wales

Medium Neutral Citation: R v Cresnar [2019] NSWDC 625 Hearing dates: 28 – 30 October 2019 Date of orders: 29 October 2019 Decision date: 29 October 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The application to adduce tendency in accordance with the tendency notice is refused. Catchwords: CRIMINAL PROCEDURE — Trial — Judge alone — Evidence — Tendency Legislation Cited: Evidence Act Cases Cited: Hughes v The Queen [2017] HCA 20 R v Ford [2009] NSWCCA 306 Category: Procedural and other rulings Parties: Regina (Crown) Phillip Cresnar (Accused) Representation: Counsel: S Talbert (Crown) D Robinson (Accused)

Solicitors: Solicitor for Public Prosecutions (Cth) (Crown) Legal Aid Commission NSW/ACT (Accused) File Number(s): 2017/00247006

Judgment 1. The accused has pleaded not guilty to two counts. The Crown seeks to adduce tendency evidence and seeks cross-admissibility between counts.

THE NOTICE 1. The notice is dated 9 October 2019. The tendency sought to be proved is, "A. His tendency to have a state of mind, namely, an interest in causing false or misleading evidence to be given at ICAC in connection with its investigation into the receipt of benefits by him as a public official at Ausgrid. B. His tendency to act in a certain way, namely, to take steps to effect the giving of false or misleading evidence at the ICAC in connection with its investigation into the receipt of benefits by him as a public official at Ausgrid".