R v Fesus (No 4) [2015] NSWSC 1972

R v Fesus (No 4) [2015] NSWSC 1972

The evidence regarding the two allegations the deceased made concerning threats against her is admissible, provided the detail of the allegations of sexual assault is not led. The defence may pursue this line, though there are risks attendant to raising it.

Parties
Crown: Regina; Accused: Steve Frank Fesus
Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Criminal / Procedural Ruling (admissibility of Evidence)
Outcome
Evidence regarding the two allegations admitted (with limits); defence may pursue this line of evidence.
Legal Topics
Admissibility of Evidence, Threats Against Deceased, Relevance, Prejudice, Waste of Time
Criminal Law Evidence Admissibility of Evidence Threats Against Deceased Relevance Prejudice Waste of Time

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Parties

Regina

Crown

Steve Frank Fesus

Accused

Procedural Posture

Criminal / Procedural Ruling (admissibility of Evidence)

Legal Issues

  1. 1 Whether evidence of past threats made against the deceased by persons other than the accused is admissible

Ratio Decidendi

The evidence regarding the two allegations the deceased made concerning threats against her is admissible, provided the detail of the allegations of sexual assault is not led. The defence may pursue this line, though there are risks attendant to raising it.

Court Disposition

Evidence regarding the two allegations admitted (with limits); defence may pursue this line of evidence.

Orders

  • The evidence regarding the two allegations the deceased made concerning threats against her is admissible in the form outlined in the accused's counsel's written submissions, without the detail of the sexual assault allegations.