R v Fesus (No 5) [2015] NSWSC 1973

R v Fesus (No 5) [2015] NSWSC 1973

The evidence is not admitted because it is too vague to establish with precision when or by whom the alleged assault occurred. The evidence would not assist the jury in resolving any material issue and does not satisfy even a basic test of probative value.

Parties
Crown: Regina; Accused: Steve Frank Fesus
Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Criminal / Procedural Ruling (admissibility of Evidence)
Outcome
Application to admit evidence rejected
Legal Topics
Admissibility of Evidence, Probative Value, Sexual Assault Allegation
Criminal Law Evidence Admissibility of Evidence Probative Value Sexual Assault Allegation

Case Brief

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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 an alleged admission by the deceased concerning sexual assault is admissible
  2. 2 Whether the probative value of the evidence satisfies the relevant threshold

Ratio Decidendi

The evidence is not admitted because it is too vague to establish with precision when or by whom the alleged assault occurred. The evidence would not assist the jury in resolving any material issue and does not satisfy even a basic test of probative value.

Court Disposition

Application to admit evidence rejected

Orders

  • The evidence is rejected.