R v Paterson (No 3) [2014] NSWSC 57

R v Paterson (No 3) [2014] NSWSC 57

The evidence relating to the complainant's sexual experience and reputation is admissible because it falls within the statutory exceptions set out in s 293(4)(b) and/or (c) of the Criminal Procedure Act 1986, and its probative value outweighs any potential prejudice.

Jurisdiction
Australia
Judgment Date
10 February 2014
Procedural Posture
Criminal / Evidentiary Ruling Prior to Trial
Outcome
Evidence admitted
Legal Topics
['evidence' 'sexual Offences' 'admissibility of Evidence' 'sexual Reputation and Experience']
['criminal Law'] ['evidence' 'sexual Offences' 'admissibility of Evidence' 'sexual Reputation and Experience']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether evidence relating to the sexual reputation and sexual experience of the complainant is admissible under s 293 of the Criminal Procedure Act 1986.']

Ratio Decidendi

The evidence relating to the complainant's sexual experience and reputation is admissible because it falls within the statutory exceptions set out in s 293(4)(b) and/or (c) of the Criminal Procedure Act 1986, and its probative value outweighs any potential prejudice.

Court Disposition

Evidence admitted

Orders

  • ['The evidence is admitted.']