R v Fesus (No 6) [2015] NSWSC 1974

R v Fesus (No 6) [2015] NSWSC 1974

Although the evidence concerning Jodie's conversation with Ms Goodman is ordinarily irrelevant, because the accused elicited evidence about the belief in the complaint (an irrelevant issue) and to avoid prejudice to the accused, the evidence is admissible to answer and contradict the inadmissible evidence the accused led.

Parties
Crown: Regina; Accused: Steve Frank Fesus
Jurisdiction
Australia
Judgment Date
18 November 2015
Procedural Posture
Criminal / Voir Dire Ruling on Admissibility of Evidence
Outcome
The evidence is admissible.
Legal Topics
Admissibility of Evidence, Relevance, Sexual Assault Complaint, Procedural Fairness
Criminal Law Evidence Admissibility of Evidence Relevance Sexual Assault Complaint Procedural Fairness

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Parties

Regina

Crown

Steve Frank Fesus

Accused

Procedural Posture

Criminal / Voir Dire Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether evidence of conversations between the deceased and witness about sexual abuse is admissible in the murder trial

Ratio Decidendi

Although the evidence concerning Jodie's conversation with Ms Goodman is ordinarily irrelevant, because the accused elicited evidence about the belief in the complaint (an irrelevant issue) and to avoid prejudice to the accused, the evidence is admissible to answer and contradict the inadmissible evidence the accused led.

Court Disposition

The evidence is admissible.

Orders

  • Accused permitted to adduce sentences from paragraph 4 of Ms Goodman's 23 May 2000 statement.
  • Accused permitted to adduce paragraphs 3, 4, and 5 of Ms Goodman’s 24 September 1997 statement, if required.