R v Andrew Dean McIntosh [2007] NSWDC 36

R v Andrew Dean McIntosh [2007] NSWDC 36

The interest of justice favours a single trial of all four counts as the offences are closely related, involve the same evidence and witnesses, and appropriate directions can address prejudice; evidence led for each count is admissible as tendency evidence for the others; the exclusion of remote tendency evidence relating to unrelated third parties is warranted due to the prejudicial effect outweighing any probative value; the application for separate trials is dismissed.

Jurisdiction
Australia
Judgment Date
28 February 2007
Procedural Posture
Criminal / Pre Trial Application and Voir Dire Ruling
Outcome
Application for separate trials dismissed; evidentiary rulings made.
Legal Topics
['separate Trials' 'tendency Evidence' 'coincidence Evidence' 'admissibility of Evidence' 'child Pornography' 'acts of Indecency' 'joinder of Offences']
['criminal Law'] ['separate Trials' 'tendency Evidence' 'coincidence Evidence' 'admissibility of Evidence' 'child Pornography' 'acts of Indecency' 'joinder of Offences']

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Procedural Posture

Criminal / Pre Trial Application and Voir Dire Ruling

Legal Issues

  1. 1 ['Whether separate trials should be ordered for each count on the indictment due to prejudice' 'Whether tendency and coincidence evidence is admissible, specifically evidence relating to prior acts with other children' 'Whether videos can be admitted as tendency or contextual evidence for indecency and pornography counts' 'Whether there is a reasonable possibility of concoction of evidence by complainants' 'Whether the defence of artistic merit can be properly raised in relation to the child pornography count']

Ratio Decidendi

The interest of justice favours a single trial of all four counts as the offences are closely related, involve the same evidence and witnesses, and appropriate directions can address prejudice; evidence led for each count is admissible as tendency evidence for the others; the exclusion of remote tendency evidence relating to unrelated third parties is warranted due to the prejudicial effect outweighing any probative value; the application for separate trials is dismissed.

Court Disposition

Application for separate trials dismissed; evidentiary rulings made.

Orders

  • ['Application for separate trials dismissed.' 'Tendency evidence of W and C children not permitted to be led.' 'Evidence led in relation to each count is permitted to be relied on as tendency evidence for the other counts.' 'The videos VD 6 and 7 may be relied on as tendency evidence in relation to counts one, two...