R v CP (No 2) [2020] NSWDC 585

R v CP (No 2) [2020] NSWDC 585

The evidence of sexual activity between the accused and the complainant is admissible under s 293(4)(b) Criminal Procedure Act 1986 (NSW) as it relates to an existing relationship, namely biological siblings with a guilty passion, and the probative value outweighs the complainant’s distress, humiliation or embarrassment.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Criminal / Procedural Ruling on Evidentiary Application
Outcome
Crown's application to adduce the proposed evidence allowed
Legal Topics
['evidence' 'sexual Offences' 'tendency Evidence' 'admissibility of Uncharged Acts']
['criminal Law'] ['evidence' 'sexual Offences' 'tendency Evidence' 'admissibility of Uncharged Acts']

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Procedural Posture

Criminal / Procedural Ruling on Evidentiary Application

Legal Issues

  1. 1 ['Whether evidence of uncharged acts is admissible for tendency purposes under s 293(4) of the Criminal Procedure Act 1986 (NSW)' 'Whether the evidence forms part of a connected set of circumstances or relates to a relationship existing at the relevant time' 'Whether the probative value of the evidence outweighs any distress, humiliation or embarrassment to the complainant']

Ratio Decidendi

The evidence of sexual activity between the accused and the complainant is admissible under s 293(4)(b) Criminal Procedure Act 1986 (NSW) as it relates to an existing relationship, namely biological siblings with a guilty passion, and the probative value outweighs the complainant’s distress, humiliation or embarrassment.

Court Disposition

Crown's application to adduce the proposed evidence allowed

Orders

  • ["I allow the Crown's application to adduce the proposed evidence"]