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Key decisions

  • Wright v R [2025] NSWCCA 108
  • Director of Public Prosecutions (Cth) v Ingram [2025] NSWCCA 103

Wright v R [2025] NSWCCA 108

Tendency notices – reasonable notice – late notice

The Court of Criminal Appeal (‘CCA’) held that a tendency notice served only a few days before trial can still amount to ‘reasonable notice’ under the Evidence Act 1995 (NSW) (‘Evidence Act’) despite requirements for it to typically be served many months earlier, provided it causes no actual prejudice to the accused. The decision suggests that courts will focus on practical fairness rather than strict compliance with procedural timeframes when assessing the validity of late tendency notices.

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