K J M v The Queen [2011] VSCA 151 (18 May 2011)


CRIMINAL LAW – Appeal – Interlocutory appeal – Murder – Victim was domestic partner – Self-defence raised – Accused’s state of mind in issue – Whether evidence of alleged violence against former partner admissible as tendency evidence – Preliminary ruling on admissibility by trial judge – Evidence untested – Defence proposing to challenge evidence on voir dire – No final decision by trial judge on admissibility – Application premature.