R v Tatola (No. 1) [2023] NSWDC 386

R v Tatola (No. 1) [2023] NSWDC 386

Because the evidence was described as sexual activity at or about the time of the alleged prescribed offence forming part of a connected set of circumstances, and its nature and scope were identified by defence counsel by reference to the Crown's written submission, the Court ruled that the evidence fell within the s 294CB(4) exception and was admissible.

Jurisdiction
Australia
Judgment Date
11 September 2023
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence and Leave Under S 294 CB of the Criminal Procedure Act 1986 (nsw)
Outcome
Leave granted and evidence admitted under s 294CB of the Criminal Procedure Act 1986 (NSW).
Legal Topics
['admissibility of Evidence' "complainant's Prior Sexual History" 'criminal Procedure Act 1986 (nsw), S 294 Cb']
['criminal Law' 'evidence'] ['admissibility of Evidence' "complainant's Prior Sexual History" 'criminal Procedure Act 1986 (nsw), S 294 Cb']

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence and Leave Under S 294 CB of the Criminal Procedure Act 1986 (nsw)

Legal Issues

  1. 1 ['Whether exceptions under s 294CB(4) of the Criminal Procedure Act 1986 (NSW) were engaged.' "Whether evidence of the complainant's sexual activity at or about the time of the alleged offence was admissible."]

Ratio Decidendi

Because the evidence was described as sexual activity at or about the time of the alleged prescribed offence forming part of a connected set of circumstances, and its nature and scope were identified by defence counsel by reference to the Crown's written submission, the Court ruled that the evidence fell within the s 294CB(4) exception and was admissible.

Court Disposition

Leave granted and evidence admitted under s 294CB of the Criminal Procedure Act 1986 (NSW).

Orders

  • ['The evidence described as to nature and scope is to be admitted.' "The leave granted under s 294CB CPA is extended to the matter of the complainant masturbating the accused's penis."]