Evidence of the relationship between an accused and a deceased victim, including evidence of prior hostile acts by the accused towards the victim, is admissible as 'relationship evidence' going to motive and state of mind and is not propensity evidence requiring satisfaction of the Pfennig test. The co-conspirator rule permits admission of a co-conspirator's post-offence acts where the common design encompasses acts beyond the principal criminal object, such as payment to avoid detection. Under s 65(2)(b) of the Evidence Act 1995 (Cth), a representation by a deceased person made 'shortly after' the asserted fact and in circumstances making fabrication unlikely is admissible, and 'shortly after' is to be assessed in context rather than by rigid temporal limits.
The full text is available to signed-in members, including the 97 later cases that cite this judgment.
8 of the 97 citing cases carry a classified treatment. How each court treated it is available to signed-in members.