Evidence of prior hostile statements by an accused to a victim expressing animosity and intention to take adverse action is admissible as circumstantial evidence to prove both motive and the fact of offending, even in the absence of direct physical evidence linking the accused to the offences. The probative value of motive evidence must be assessed in the context of all the circumstantial evidence in the case, not in isolation. A trial judge's exclusion of such evidence under ss 135 or 137 of the Evidence Act 2008 (Vic) will be overturned where the characterisation of the inferential reasoning as speculative was not reasonably open.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.