R v Peridot (No 2) [2014] NSWDC 262

R v Peridot (No 2) [2014] NSWDC 262

With the additional particulars in exhibit VDD, the probative value of the evidence increased sufficiently for the judge not to reject it, so s 293(3) of the Criminal Procedure Act 1986 (NSW) did not apply to evidence of any sexual activity between the complainant and the accused that was the subject of paragraph 12 of exhibit VDB.

Jurisdiction
Australia
Judgment Date
24 November 2014
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
The court ruled under s 293(3) of the Criminal Procedure Act 1986 (NSW) that s 293 does not apply to evidence of any sexual activity between the complainant and the accused which is the subject of paragraph 12 of exhibit VDB.
Legal Topics
['admissibility of Evidence Relating to Sexual Experience' 'criminal Procedure Act 1986 (nsw), S 293' 'probative Value of Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence Relating to Sexual Experience' 'criminal Procedure Act 1986 (nsw), S 293' 'probative Value of Evidence']

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether s 293(3) of the Criminal Procedure Act 1986 (NSW) applies to evidence of sexual activity between the complainant and the accused referred to in paragraph 12 of exhibit VDB after further particulars were provided.']

Ratio Decidendi

With the additional particulars in exhibit VDD, the probative value of the evidence increased sufficiently for the judge not to reject it, so s 293(3) of the Criminal Procedure Act 1986 (NSW) did not apply to evidence of any sexual activity between the complainant and the accused that was the subject of paragraph 12 of exhibit VDB.

Court Disposition

The court ruled under s 293(3) of the Criminal Procedure Act 1986 (NSW) that s 293 does not apply to evidence of any sexual activity between the complainant and the accused which is the subject of paragraph 12 of exhibit VDB.

Orders

  • ['I confirm that I regard the probative value of the evidence has increased sufficiently for me not to reject it and I rule under s 293(3) of the Criminal Procedure Act that that section does not apply to evidence of any sexual activity between the complainant and the accused which is the subject of para 12 of...