SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Eastman (No 21) |
Citation: | [2017] ACTSC 255 |
Hearing Date: | 27 and 28 June 2017 |
DecisionDate: | 7 September 2017 |
Before: | Kellam AJ |
Decision: | See [90] |
Catchwords: | CRIMINAL LAW – EVIDENCE – Judicial Discretion to Admit or Exclude Evidence – Admissibility of tendency evidence relied on by prosecution – operation ss 97 & 98 Evidence Act 2011 (ACT) – assessment of whether or not tendencies as pleaded are defective |
Legislation Cited: | Evidence Act2011 (ACT) ss 65; 97(1)(a); 98 (1)(a); 101(2); 135; 137 Evidence Act1995 (Cth) Pt 3.6 |
Cases Cited: | Dao v R [2011] NSWCCA 63; 81 NSWLR 568 DSJ v R [2012] NSWCCA 9; 84 NSWLR 758 |
Parties: | The Queen (Crown) David Harold Eastman (Accused) |
Representation: | Counsel Mr M Thangaraj SC with Ms M Campbell and Mr K Lee (Crown) Mr G Georgiou with Ms L Line and Mr M Stanton (Accused) |
| Solicitors DPP (Crown) ACT Legal Aid Office (Accused) | |
File Number(s): | SCC 111 of 1992 |
Kellam AJ:
On 21 August 2015, and pursuant to s 97(1)(a) of the Evidence Act2011 (ACT) (the Act), the prosecution filed and served an amended notice of its intention to adduce evidence of the conduct of the accused to prove that he had a tendency to act in particular ways and to have particular states of mind.
The notice sets out the particulars sought to be proved by the evidence it seeks to adduce as follows:
(a)That the accused had a tendency to have particular states of mind, namely:
(i) To hold ill-will towards persons whom he perceives [sic] to be refusing to accede to his will or demands. (Tendency 1)
(ii) To have a desire to obtain possession of a firearm. (Tendency 2)
(b)That the accused had a tendency to act in particular ways, namely:
(iii) To make threats of, or use, unlawful violence against persons whom…
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- Case
- [2017] ACTSC 255
- Decision Date
CaseChat Overview and Summary
The court carefully examined the statutory provisions and case law to determine whether the prosecution's tendency evidence met the legal criteria. It was held that the tendency evidence was not appropriately identified and particularised, thus failing to meet the requirements of section 97 of the Act. The court found that the prosecution's evidence did not sufficiently outline the conduct or events which formed the basis of the tendency evidence. As a result, the court ruled that the prosecution's tendency evidence was inadmissible, as it did not meet the statutory requirements for admissibility. The court found that the prosecution's failure to properly identify and particularise the tendency evidence meant that it could not be used as a basis for the jury's consideration.
The court's decision effectively precluded the prosecution from relying on the tendency evidence in its case against the respondent. The court's findings on the admissibility of the tendency evidence were pivotal in shaping the direction of the trial. The final orders of the court reflected the ruling on the admissibility of the tendency evidence, with the court ruling that the prosecution's tendency evidence was inadmissible under the Evidence Act 2011 (ACT).
Orders
Orders of the court
See [90]
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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