Evidence of the prior relationship between an accused and a deceased victim is admissible under [name withheld] v R principles where relevant to state of mind, motive, self-defence or provocation, and is not subject to the stricter [name withheld] test for propensity evidence. The [name withheld] test applies only where evidence of other criminal conduct is tendered to prove that the accused committed the crime charged. A trial judge has a continuing obligation to withdraw expert opinion evidence from the jury where it becomes apparent during the trial that the witness lacks the requisite expertise or has provided no adequate factual or scientific foundation for the opinion, particularly where the opinion bears on a critical issue.
The full text is available to signed-in members, including the 44 later cases that cite this judgment.
6 of the 44 citing cases carry a classified treatment. How each court treated it is available to signed-in members.