R v Banks (No 2) [2020] NSWDC 495

R v Banks (No 2) [2020] NSWDC 495

The evidence of MS that AB complained to her is excluded because AB did not make any complaint herself and therefore the evidence is inadmissible hearsay; the Crown is not allowed to rely on tendency reasoning in proof of counts 5-7, as AB makes no allegation against the accused and admitting such evidence would cause unfair prejudice.

Parties
Crown: Regina; Accused: Joseph Banks
Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Criminal / Judge Alone Trial; Ruling on Evidentiary Issues
Outcome
Application to admit complaint evidence in relation to AB dismissed; tendency reasoning for counts 5-7 excluded. Evidence of MS regarding AB excluded as inadmissible hearsay.
Legal Topics
Complaint Evidence, Child Complainants, Tendency Evidence, Hearsay, Admissibility
Criminal Law Evidence Complaint Evidence Child Complainants Tendency Evidence Hearsay Admissibility

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Parties

Regina

Crown

Joseph Banks

Accused

Procedural Posture

Criminal / Judge Alone Trial; Ruling on Evidentiary Issues

Legal Issues

  1. 1 Admissibility of complaint evidence from child complainants
  2. 2 Whether hearsay evidence is admissible
  3. 3 Use of tendency reasoning in proof of counts 5-7

Ratio Decidendi

The evidence of MS that AB complained to her is excluded because AB did not make any complaint herself and therefore the evidence is inadmissible hearsay; the Crown is not allowed to rely on tendency reasoning in proof of counts 5-7, as AB makes no allegation against the accused and admitting such evidence would cause unfair prejudice.

Court Disposition

Application to admit complaint evidence in relation to AB dismissed; tendency reasoning for counts 5-7 excluded. Evidence of MS regarding AB excluded as inadmissible hearsay.

Orders

  • The evidence of MS that AB complained to her is excluded.
  • The Crown is not allowed to rely upon tendency reasoning in proof of counts 5-7.