R v DJR [2008] NSWDC 181

R v DJR [2008] NSWDC 181

The pornography evidence was relevant and highly probative because the accused's tendency to fantasise about sexual activities with young girls could rationally affect the jury's assessment of whether he intentionally touched the complainant as alleged. Although the evidence was significantly prejudicial, its probative value substantially outweighed that prejudice, so it was admissible under the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
05 August 2008
Procedural Posture
Criminal / Trial; Crown Application to Call Tendency Evidence
Outcome
Evidence admissible.
Legal Topics
['tendency Evidence' 'child Pornography' 'state of Mind' 'probative Value' 'prejudicial Effect' 'admissibility']
['criminal Law' 'evidence'] ['tendency Evidence' 'child Pornography' 'state of Mind' 'probative Value' 'prejudicial Effect' 'admissibility']

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Procedural Posture

Criminal / Trial; Crown Application to Call Tendency Evidence

Legal Issues

  1. 1 ["Whether pornographic images, stories and movie files recovered from the accused's computer were relevant tendency evidence of a tendency to have a particular state of mind, namely to fantasise about sexual acts with young girls." 'Whether the evidence had significant probative value under the Evidence Act 1995.' 'Whether the probative value of the tendency evidence substantially outweighed its prejudicial effect on the accused.']

Ratio Decidendi

The pornography evidence was relevant and highly probative because the accused's tendency to fantasise about sexual activities with young girls could rationally affect the jury's assessment of whether he intentionally touched the complainant as alleged. Although the evidence was significantly prejudicial, its probative value substantially outweighed that prejudice, so it was admissible under the Evidence Act 1995.

Court Disposition

Evidence admissible.

Orders

  • ['Rule that the evidence is admissible.']