CITATION:The Queen v Swan [2021] NTSC 10
PARTIES:THE QUEEN
v
SWAN, Nathen Lloyd
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT exercising Territory jurisdiction
FILE NO:21753871
DELIVERED: 3 February 2021
HEARING DATE: 1 February 2021
JUDGMENT OF: Kelly J
CATCHWORDS:
Evidence (National Uniform Legislation) Act 2011 (NT), s 137
R v Ciantar (2006) 16 VR 26; 167 A Crim R 504; Wilson v R (1970) 123 CLR 334, relied on
R v Lumsden [2003] NSWCCA 83, referred to
REPRESENTATION:
Counsel:
Crown:S Robson SC
Accused:T Collins with D Cooper
Solicitors:
Crown:Director of Public Prosecutions
Accused:Northern Territory Legal Aid Commission
Judgment category classification: C
Judgment ID Number: Kel2104
Number of pages: 9
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT ALICE SPRINGSThe Queen v Swan [2021] NTSC 10
No. 21753871
BETWEEN:
THE QUEEN
AND:
NATHEN LLOYD SWAN
CORAM: KELLY J
REASONS FOR JUDGMENT
(Delivered 3 February 2021)
The accused is charged with the manslaughter of his former partner.
The deceased died in the bedroom of her home in the early hours of the morning on Sunday 29 March 2015 as a result of a stab wound to the lower front of her right thigh which cut the femoral artery. The stab wound was inflicted with a kitchen knife and went into the deceased’s thigh to a depth of 8.5 cm. The deceased and the accused were the only two people in the house at the time.
“Edwards” lies
The Crown seek to adduce evidence of the following statements made by the accused in a 000 call shortly after 4:15 on that Sunday morning.
AMBULANCE: Okay Nathen. Tell me exactly what happened.
SWAN:I dunno. My wife just fell down. She fell on something sharp and she’s bleeding and she’s drunk.
AMBULANCE: Okay, I need you to tell me exactly what happened. Did she fall over or did she collapse?
SWAN:No, she just fell down. I dunno (inaudible) she fell down.
AMBULANCE: Is she awake?
SWAN:She’s snoring.
AMBULANCE: Can you wake her up?
SWAN:No, I can’t. She’s had a few beers.
…
SWAN:There’s a lot of blood in the bedroom and (inaudible) freaking me out.
AMBULANCE: Where’s the blood coming from?
SWAN:I dunno, um trying to figure out how to (inaudible) … I think she fell on something sharp. (speaking to wife) Baby, baby …
Shortly after, when police attended, the accused contradicted these statements saying that the deceased had stabbed herself and had told him in advance that she was going to self-harm. Later still, when police were about to conduct a fingerprint examination of the knife that had been found on the TV unit in the bedroom, the accused told police he had pulled the knife out of the deceased. The Crown intends to rely on the statements in the 000 call as lies told out of a consciousness of guilt.
The defence objects to the statements being adduced in evidence for this purpose.
The defence submits that there are…
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- AGLC
- The Queen v Swan [2021] NTSC 10
- Case
- [2021] NTSC 10
- Decision Date
CaseChat Overview and Summary
The court found that the evidence of domestic violence orders, prior incidents of violence, and abusive text messages was relevant to the nature of the relationship between Swan and the deceased and should be admitted. The court rejected the argument that the evidence should be excluded under s 137 of the Evidence Act 2008 (Vic), as there was no evidence of potential misuse of the evidence by the jury. The court concluded that the evidence was necessary to give the jury a complete picture of the circumstances surrounding the incident and would assist in determining the central issue of whether Swan had stabbed the deceased or if the deceased had stabbed herself. The court found that the probative value of the evidence outweighed any potential prejudice to Swan. The court allowed the Crown to adduce the evidence of the domestic violence orders, prior incidents of violence, and abusive text messages.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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