R v Bowie (No 2)

In the case of R v Bowie (No 2), the accused faced charges for the murder of his wife, Michelle Bowie. The case was heard in the Supreme Court of Victoria, where the accused sought to have certain evidence excluded, particularly that relating to his alleged violent conduct towards women in domestic relationships. The key issue before the court was the admissibility of tendency evidence concerning the accused's alleged history of violence towards women in domestic relationships, specifically towards his deceased wife, Michelle Bowie, and another woman, Donna Kuhnell.

The court needed to determine whether the evidence of the accused's alleged violent conduct towards women in domestic relationships was relevant to the charge against him and whether its probative value outweighed any potential prejudice it might cause. The court considered the relevance of the evidence to rebut the possibility that Michelle Bowie had abandoned her children, as well as the probative value of the evidence in establishing whether the accused caused her death. The court also needed to assess whether the risk of unfair prejudice to the accused outweighed the probative value of the evidence of violence towards Donna Kuhnell and Judith Said, another alleged victim.

The court found that the evidence relating to the accused's alleged violent conduct towards Michelle Bowie was relevant to the charge against him and that its probative value outweighed the risk of unfair prejudice. However, the evidence concerning the alleged violence towards Judith Said was deemed inadmissible as it did not meet the threshold of relevance and probative value necessary to be admitted. The court allowed the evidence of Donna Kuhnell in part, balancing the need to establish the accused's propensity towards violence with the potential prejudice to the accused. The court concluded that the probative value of the evidence of Donna Kuhnell's alleged victimisation was sufficient to justify its admission, while the evidence of Judith Said's alleged victimisation was not.

The court's final orders were that the evidence of the accused's alleged violent conduct towards Michelle Bowie was admissible, and the evidence relating to the alleged violence towards Judith Said was inadmissible. The evidence concerning Donna Kuhnell was admitted in part, with certain details excluded to mitigate any potential prejudice to the accused. The case proceeded with the jury considering the admissible evidence in determining the accused's guilt or innocence of the murder charge.