R v Rodney Paterson (No 1) [2014] NSWSC 29

R v Rodney Paterson (No 1) [2014] NSWSC 29

The Innis and Fagg evidence was admissible because it had significant probative value as evidence capable of supporting an inference that the accused had knowledge of the persons involved in the deceased's death, and that value was not substantially outweighed by unfair prejudice given the Crown's limited use and proposed jury directions. The 10 August 2009 group sex evidence was excluded because, although it shared some similarity with the Crown allegation, it concerned a single apparently consensual incident years after the alleged offences and lacked significant probative value as tendency evidence. The 30 September 2011 conversation was excluded because, even on the Crown's...

Jurisdiction
Australia
Judgment Date
06 February 2014
Procedural Posture
Criminal Proceeding: Murder and Aggravated Sexual Intercourse Without Consent / Pre Trial Admissibility Ruling on Evidence Objected to by the Accused
Outcome
Evidence admitted in part and excluded in part.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'unfair Prejudice' 'admissions' 'consciousness of Guilt' 'recorded Conversations']
['evidence' 'criminal Law'] ['tendency Evidence' 'significant Probative Value' 'unfair Prejudice' 'admissions' 'consciousness of Guilt' 'recorded Conversations']

Case Brief

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Procedural Posture

Criminal Proceeding: Murder and Aggravated Sexual Intercourse Without Consent / Pre Trial Admissibility Ruling on Evidence Objected to by the Accused

Legal Issues

  1. 1 ["Whether evidence from Fiona Innis and Rodney Fagg about the accused's statements concerning his co-accused should be admitted or excluded under s. 135 of the Evidence Act 1995 (NSW)." 'Whether parts of the 10 August 2009 recorded conversation about a previous instance of group sex were admissible as tendency evidence under s. 97 of the Evidence Act 1995 (NSW).' 'Whether the 30 September 2011 recorded conversation supported an inference of an admission or consciousness of guilt in relation to count 2.']

Ratio Decidendi

The Innis and Fagg evidence was admissible because it had significant probative value as evidence capable of supporting an inference that the accused had knowledge of the persons involved in the deceased's death, and that value was not substantially outweighed by unfair prejudice given the Crown's limited use and proposed jury directions. The 10 August 2009 group sex evidence was excluded because, although it shared some similarity with the Crown allegation, it concerned a single apparently consensual incident years after the alleged offences and lacked significant probative value as tendency evidence. The 30 September 2011 conversation was excluded because, even on the Crown's...

Court Disposition

Evidence admitted in part and excluded in part.

Orders

  • ['The evidence of the witnesses Innis and Flagg will be admitted.' "The evidence of those parts of the conversation of 10 August 2009 in which there was discussion about the accused's involvement in a previous instance of group sex will be excluded." 'The evidence of the entirety of the conversation of 30 September...