R v FAS [2007] NSWDC 257

R v FAS [2007] NSWDC 257

Evidence of abortion is admissible as relevant to the relationship and compliance of the complainant with the accused’s wishes, and the probative value outweighs any unfair prejudice. Evidence of alleged anal sex is not admissible. Tendency and coincidence evidence concerning the accused’s second wife are inadmissible due to lack of direct proof of the accused’s actions. Questions on credit may not be asked during voir dire, and cross-examination in the Basha inquiry is limited to new matters and dealings with the Department of Immigration.

Jurisdiction
Australia
Judgment Date
30 November 2007
Procedural Posture
Criminal / Pre Trial Rulings on Evidence Admissibility, Including Directions on Voir Dire, Basha Inquiry, Tendency and Coincidence Notices
Outcome
Pre-trial evidentiary rulings and directions granted as set out in the reasons.
Legal Topics
['procurement for Prostitution' 'sexual Servitude' 'admissibility of Evidence' 'tendency Evidence' 'coincidence Evidence' 'voir Dire' 'basha Inquiry']
['criminal Law' 'evidence'] ['procurement for Prostitution' 'sexual Servitude' 'admissibility of Evidence' 'tendency Evidence' 'coincidence Evidence' 'voir Dire' 'basha Inquiry']

Case Brief

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Procedural Posture

Criminal / Pre Trial Rulings on Evidence Admissibility, Including Directions on Voir Dire, Basha Inquiry, Tendency and Coincidence Notices

Legal Issues

  1. 1 ['Whether the Crown should be permitted to lead evidence of abortion and alleged anal sex request by the accused;' 'Whether tendency and coincidence evidence regarding accused’s alleged conduct towards his wives is admissible;' 'What questions may be asked during voir dire and Basha inquiry;' "Directions required for the jury on legal elements such as 'procure' and 'sexual servitude'." 'Admissibility and prejudice of specified relationship evidence.']

Ratio Decidendi

Evidence of abortion is admissible as relevant to the relationship and compliance of the complainant with the accused’s wishes, and the probative value outweighs any unfair prejudice. Evidence of alleged anal sex is not admissible. Tendency and coincidence evidence concerning the accused’s second wife are inadmissible due to lack of direct proof of the accused’s actions. Questions on credit may not be asked during voir dire, and cross-examination in the Basha inquiry is limited to new matters and dealings with the Department of Immigration.

Court Disposition

Pre-trial evidentiary rulings and directions granted as set out in the reasons.

Orders

  • ['Questions in Basha inquiry limited to new matters from Mr PS’s additional statement and complainant’s dealings with Department of Immigration.' 'No cross-examination permitted on credit on the voir dire.' 'Crown permitted to lead evidence that complainant had an abortion.' 'Crown not permitted to lead evidence...