R v A2; R v Magennis; R v Vaziri (No. 15) [2015] NSWSC 1545

R v A2; R v Magennis; R v Vaziri (No. 15) [2015] NSWSC 1545

The evidence of the Accused Magennis' registration and employment history as a nurse and midwife was relevant because her training, experience, places of work and registration history could bear on the central factual contest between a female genital mutilation procedure causing injury and a symbolic ceremony, and could also permit an inference that the New South Wales FGM Education Program came to her attention. The evidence therefore met the relevance threshold in ss.55 and 56 of the Evidence Act 1995 and was admitted.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Criminal Trial for Female Genital Mutilation and Associated Charges / Procedural Ruling on the Accused Magennis' Objection to Tender of Evidence Concerning Her Registration and Employment History in New South Wales as a Nurse and Midwife
Outcome
Objection dismissed; evidence admitted.
Legal Topics
['female Genital Mutilation' 'relevance' 'admissibility of Evidence' 'registration and Employment History of Accused']
['criminal Law' 'evidence'] ['female Genital Mutilation' 'relevance' 'admissibility of Evidence' 'registration and Employment History of Accused']

Case Brief

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Procedural Posture

Criminal Trial for Female Genital Mutilation and Associated Charges / Procedural Ruling on the Accused Magennis' Objection to Tender of Evidence Concerning Her Registration and Employment History in New South Wales as a Nurse and Midwife

Legal Issues

  1. 1 ["Whether evidence of the Accused Magennis' registration and employment history as a nurse and midwife in New South Wales was relevant and admissible." "Whether that evidence could rationally affect the jury's assessment of whether the alleged procedures were female genital mutilation causing injury or merely symbolic ceremonies." "Whether the evidence could support an inference that the New South Wales FGM Education Program came to the Accused Magennis' attention."]

Ratio Decidendi

The evidence of the Accused Magennis' registration and employment history as a nurse and midwife was relevant because her training, experience, places of work and registration history could bear on the central factual contest between a female genital mutilation procedure causing injury and a symbolic ceremony, and could also permit an inference that the New South Wales FGM Education Program came to her attention. The evidence therefore met the relevance threshold in ss.55 and 56 of the Evidence Act 1995 and was admitted.

Court Disposition

Objection dismissed; evidence admitted.

Orders

  • ['The evidence which the Crown seeks to adduce with respect to the registration and employment history of the Accused Magennis is admitted.']