R v FORD [2009] NSWDC 39

R v FORD [2009] NSWDC 39

The evidence of ZM and AG established an unusual and sufficiently similar pattern of conduct, namely a tendency to indecently or sexually assault women who were asleep at the accused's home after attending parties and consuming alcohol there. The similarities gave the evidence significant probative value, and any unfair prejudice could be addressed by jury directions. Its probative value therefore substantially outweighed any prejudicial effect on the accused, so the evidence was admissible.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
Criminal / Pre Jury Admissibility Ruling on Crown Application to Adduce Tendency Evidence
Outcome
Crown application granted; tendency evidence admitted.
Legal Topics
['tendency Evidence' 'probative Value' 'prejudicial Effect' 'evidence Act 1995 Ss 97 and 101']
['criminal Law' 'evidence'] ['tendency Evidence' 'probative Value' 'prejudicial Effect' 'evidence Act 1995 Ss 97 and 101']

Case Brief

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Procedural Posture

Criminal / Pre Jury Admissibility Ruling on Crown Application to Adduce Tendency Evidence

Legal Issues

  1. 1 ['Whether evidence from ZM and AG was admissible as tendency evidence against the accused.' 'Whether the evidence had significant probative value under s 97 of the Evidence Act 1995.' 'Whether the probative value of the evidence substantially outweighed any prejudicial effect on the accused under s 101(2) of the Evidence Act 1995.' 'Whether the omission of the word "unfair" from s 101(2) means the court considers any prejudicial effect or only unfair prejudicial effect.']

Ratio Decidendi

The evidence of ZM and AG established an unusual and sufficiently similar pattern of conduct, namely a tendency to indecently or sexually assault women who were asleep at the accused's home after attending parties and consuming alcohol there. The similarities gave the evidence significant probative value, and any unfair prejudice could be addressed by jury directions. Its probative value therefore substantially outweighed any prejudicial effect on the accused, so the evidence was admissible.

Court Disposition

Crown application granted; tendency evidence admitted.

Orders

  • ['The probative value of the evidence substantially outweighs any prejudicial effect it may have on the accused.' 'The evidence will be admitted.']