SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | DPP v Murphy |
Citation: | [2023] ACTSC 4 |
Hearing Date: | 18 October 2022 |
Submissions Last Received: | 10 November 2022 |
Decision Date: | 16 December 2022 |
Reasons Date: | 20 January 2023 |
Before: | Loukas-Karlsson J |
Decision: | See [67]-[68] |
Catchwords: | CRIMINAL LAW – EVIDENCE – Pre-trial application – application to adduce tendency evidence – charged and uncharged conduct – cross-admissibility of tendency evidence – significant probative value – whether probative value of evidence outweighs danger of unfair prejudice – severing of indictment |
Legislation Cited: | Crimes Act 1900 (ACT) ss 55, 61, 264 |
Cases Cited: | BC v The Queen [2019] NSWCCA 111 |
Texts Cited: | Australian Law Reform Commission Uniform Evidence Law (Report No 102, 2005) |
Parties: | Shay Kahu Murphy (Applicant) ACT Director of Public Prosecutions |
Representation: | Counsel A Williamson ( Applicant) J Maher (Respondent) |
| Solicitors ACT Director of Public Prosecutions ( Applicant) Fortify Legal ( Respondent) | |
File Numbers: | SCC 92 and 93 of 2022 |
LOUKAS-KARLSSON J:
Introduction
1․The accused, Shay Kahu Murphy, is charged with 19 counts against four complainants in one indictment. All four complainants are previous intimate partners of the accused. It is appropriate that the complainants not be referred to by name, in light of the fact that some of the charges involve sexual allegations.
(a)Counts 1–9: nine offences against the first complainant in the period between 31 August 2011 and 1 March 2012.
(i)Count 1: CC2022/1149 – Unlawful confinement. The maximum penalty for this offence is 10 years’ imprisonment.
(ii)Count 2: CC2022/1147 – Unlawful confinement.
(iii)Count 3 (C2022/1150): Negligently causing grievous bodily harm. The maximum penalty for this offence is 5 years’ imprisonment.
(iv)Count 4 (alternative to Count 3): Recklessly inflict actual bodily harm. The maximum penalty…
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- AGLC
- Director of Public Prosecutions v Murphy [2023] ACTSC 4
- Case
- [2023] ACTSC 4
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CaseChat Overview and Summary
In determining the admissibility of the evidence, the court considered whether the evidence had significant probative value in relation to a matter of consequence in the proceeding, and whether the probative value outweighed any prejudicial effect. The court held that the evidence had significant probative value as it demonstrated a pattern of behaviour that was relevant to the charged offences. The court also found that the probative value of the evidence outweighed the danger of unfair prejudice. The court noted that the evidence was cross-admissible in relation to both the charged and uncharged conduct, as it was relevant to establishing a connection between the defendant and the charged offences. The court concluded that the evidence was admissible and that the indictment should not be severed.
The court ordered that the evidence be admitted and that the indictment should not be severed. The court also ordered that the trial proceed as scheduled. The orders were made on the basis that the probative value of the evidence outweighed the danger of unfair prejudice, and that the evidence was relevant to establishing a connection between the defendant and the charged offences. The court noted that the evidence was necessary to properly understand the context of the charged offences and that the probative value of the evidence was significant. The court also noted that the evidence was not so prejudicial as to render the trial unfair. The orders were made in accordance with the provisions of the Evidence Act 2008 (Vic).
Orders
Orders of the court
See [67]-[68]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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