Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Merrick (No 2) [2016] NSWSC 164 Hearing dates: 29 February 2016 – 1 March 2016 Date of orders: 01 March 2016 Decision date: 02 March 2016 Jurisdiction: Common Law Before: Wilson J Decision: The following evidence is rejected:
(1) Evidence connected with the accused’s supposed act in slashing the tyres of a bicycle owned by Jackson Blackie;
See Annexure A for admissibility of text messages.
(2) Evidence connected with the accused’s abusive comments to the deceased’s employer after an error in the calculation or payment of the deceased’s salary;
(3) Evidence connected with the accused’s supposed hatred of David Blackie, except insofar as the evidence is of a threat made to Mr Blackie coupled with a threat made to the deceased; and
(4) Insofar as it is necessary for me to do so, I reject the evidence relating to the accused’s cocaine use.Catchwords: CRIMINAL LAW – evidence – admissibility of context evidence – admissibility of relationship evidence – relevance – where that evidence is said to inform the mental element of the charge – where that evidence is said to go to proof of the dangerousness of the act in question – where that evidence is said to go to a proper assessment by the jury of the accounts that the accused has given to others - whether probative value of evidence outweighed by the danger of unfair prejudice Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: DJV v R [2008] NSWCCA 272; (2008) 200 A Crim R 206
HML v R [2008] HCA 16; (2008) 245 ALR 204
JDK v R; R v JDK [2009] NSWCCA 76; (2009) 194 A Crim R 333
Qualtieri v R [2006] NSWCCA 95; (2006) 171 A Crim R 463
R v Andrews [2003] NSWCCA 7
R v Clark [2001] NSWCCA 494; (2001) 123 A Crim R 506
R v Garner (1963) 81 WN (Pt 1) NSW 120
R v Do (No 2) [2015] NSWSC 111
Regina v ATM [2000] NSWCCA 475
Regina v Frawley [2005] NSWCCA 66; (2005) 152 A Crim R 336
Wilson v The Queen [1970] HCA 17; (1970) 123 CLR 334Category: Procedural and other rulings Parties: Regina
Ross Albert MerrickRepresentation: Counsel:
Solicitors:
Mr B Campbell (Crown)
Ms T Evers (Accused)
Solicitor for Public Prosecutions (Crown)
Armstrong Felton (Accused)
File Number(s): 2013/00369082 Publication restriction: Non publication order in relation to evidence of exchanges between the accused and the deceased which specifically deal with sexual matters.
Judgment
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On 29 February 2016 the accused, Ross Albert Merrick, was arraigned before me on an indictment charging him with the murder of Marika Ninness. He entered a plea of not guilty.
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The incident that gave rise to the charge occurred late at night on 7 December 2013 at Greenhills. At the time, the accused and the deceased were involved in a de facto relationship.
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There does not appear to be any dispute that…
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- AGLC
- R v Merrick (No 2) [2016] NSWSC 164
- Case
- [2016] NSWSC 164
- Decision Date
CaseChat Overview and Summary
The Full Court held that evidence of the applicants' relationship with the deceased and the circumstances surrounding the deceased's death was not admissible for the purposes of proving the mental element of the charge, the dangerousness of the act, or the reliability of the accounts given by the applicants to others. The court found that the evidence was not relevant to the matters in issue and that its probative value was outweighed by the danger of unfair prejudice. The court held that the evidence was likely to cause the jury to make an improper inference about the applicants' guilt and that it was not necessary for the proper administration of justice. The court found that the evidence was not relevant to the matters in issue and that its probative value was outweighed by the danger of unfair prejudice. The Full Court dismissed the application for leave to appeal and affirmed the convictions.
Orders
Orders of the court
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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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