R v WODOU-WOKA [2015] NSWDC 42

R v WODOU-WOKA [2015] NSWDC 42

The opinions of Dr Milic and Dr Hepner concerning the accused's capacity for non-verbal communication and adaptive functioning are admissible as they are relevant to the accused's credibility, his understanding of events, and the jury's assessment of whether he had knowledge, recklessness, or reasonable grounds regarding consent, within the context of the charges.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Application for admission of psychologists' opinions allowed.
Legal Topics
['admissibility of Expert Evidence' 'psychological Evidence' 'sexual Assault' 'recklessness' 'state of Mind']
['criminal Law' 'evidence'] ['admissibility of Expert Evidence' 'psychological Evidence' 'sexual Assault' 'recklessness' 'state of Mind']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ["Whether psychological expert evidence about the accused's intellectual and communicative functioning is admissible" "Relevance of such evidence to the accused's capacity to understand and communicate, and its bearing on recklessness or knowledge in sexual assault charges"]

Ratio Decidendi

The opinions of Dr Milic and Dr Hepner concerning the accused's capacity for non-verbal communication and adaptive functioning are admissible as they are relevant to the accused's credibility, his understanding of events, and the jury's assessment of whether he had knowledge, recklessness, or reasonable grounds regarding consent, within the context of the charges.

Court Disposition

Application for admission of psychologists' opinions allowed.

Orders

  • ["Opinions expressed about the accused's capacity to assess non-verbal communication and his capacity for adaptive functioning in the reports of Dr Milic and Dr Hepner permitted in evidence."]