R v Xie (No. 13) [2014] NSWSC 1978

R v Xie (No. 13) [2014] NSWSC 1978

The evidence concerning the accused's alleged sexual interest and activity toward the complainant is relevant and admissible under the Evidence Act 1995, and not outweighed by the danger of unfair prejudice. There is no material change in the circumstances or new evidence justifying a departure from the previous ruling; the application to exclude the evidence is accordingly refused.

Parties
Prosecution: Regina (Crown); Accused: Lian Bin (Robert) Xie
Jurisdiction
Australia
Judgment Date
30 July 2014
Procedural Posture
Criminal / Interlocutory Application Prior to Trial
Outcome
Application dismissed
Legal Topics
Exclusion of Evidence, Murder Trial, Evidentiary Rulings, Tendency Evidence, Unfair Prejudice
Criminal Law Exclusion of Evidence Murder Trial Evidentiary Rulings Tendency Evidence Unfair Prejudice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Regina (Crown)

Prosecution

Lian Bin (Robert) Xie

Accused

Procedural Posture

Criminal / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether evidence from the surviving daughter of the murdered family regarding alleged sexual interest and activity by the Accused should be excluded under s.137 of the Evidence Act 1995
  2. 2 Whether the evidence constitutes tendency evidence under ss.97 and 101 of the Evidence Act 1995
  3. 3 Whether any material change in circumstances justifies revisiting the earlier evidentiary ruling

Ratio Decidendi

The evidence concerning the accused's alleged sexual interest and activity toward the complainant is relevant and admissible under the Evidence Act 1995, and not outweighed by the danger of unfair prejudice. There is no material change in the circumstances or new evidence justifying a departure from the previous ruling; the application to exclude the evidence is accordingly refused.

Court Disposition

Application dismissed

Orders

  • The Accused's Notice of Motion dated 23 July 2014 is dismissed.