R v Mattiussi [2022] NSWDC 234

R v Mattiussi [2022] NSWDC 234

The admissibility of the complainant's evidence relating to specific acts of prior and subsequent consensual sexual activities is determined by whether it fits the statutory exceptions in s 294CB(4) of the Criminal Procedure Act 1986 (NSW), and whether its probative value outweighs any distress to the complainant. The accused is permitted to cross-examine the complainant on certain admitted evidence and, to a defined extent, further details of relevant sexual activity close in time to the alleged offending, but not on broader aspects lacking sufficient relevance or probative value.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence Before Trial
Outcome
Both the Crown's and the accused's applications granted in part; evidence and cross-examination permitted within the defined scope outlined in summary at [68] and subject to indicated exclusions.
Legal Topics
['admissibility of Evidence' 'sexual Assault Proceedings' 'cross Examination of Complainant' 'section 294 CB Criminal Procedure Act 1986 (nsw)' 'exceptions to Sexual History Evidence Proscription']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'sexual Assault Proceedings' 'cross Examination of Complainant' 'section 294 CB Criminal Procedure Act 1986 (nsw)' 'exceptions to Sexual History Evidence Proscription']

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence Before Trial

Legal Issues

  1. 1 ["Whether evidence of the complainant's sexual experience or reputation is admissible in accordance with exceptions in s 294CB(4)(a)(i), (ii), and (4)(b) of the Criminal Procedure Act 1986 (NSW)" 'Whether probative value of proposed evidence outweighs distress, humiliation or embarrassment to the complainant' "Appropriate scope for cross-examination by the accused on complainant's prior and subsequent sexual conduct"]

Ratio Decidendi

The admissibility of the complainant's evidence relating to specific acts of prior and subsequent consensual sexual activities is determined by whether it fits the statutory exceptions in s 294CB(4) of the Criminal Procedure Act 1986 (NSW), and whether its probative value outweighs any distress to the complainant. The accused is permitted to cross-examine the complainant on certain admitted evidence and, to a defined extent, further details of relevant sexual activity close in time to the alleged offending, but not on broader aspects lacking sufficient relevance or probative value.

Court Disposition

Both the Crown's and the accused's applications granted in part; evidence and cross-examination permitted within the defined scope outlined in summary at [68] and subject to indicated exclusions.

Orders

  • ["Evidence admissible: paragraphs 28–30, 34–41, and 49–50 of the complainant's first police statement on Crown's application." "Evidence and cross-examination permitted on the following (as per the accused's application): details of the threesome on 10-11 April 2020; use of prohibited drugs incidental to the...