R v STEVENS [2011] NSWDC 81

R v STEVENS [2011] NSWDC 81

The proposed tendency evidence does not have significant probative value on the issue of consent as required for admissibility; the points of similarity identified by the Crown are either trivial, speculative, common, or add nothing to the central issue in this trial. Therefore, the evidence is rejected.

Jurisdiction
Australia
Judgment Date
04 July 2011
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Tendency Evidence
Outcome
Tendency evidence rejected for lack of significant probative value
Legal Topics
['tendency Evidence' 'admissibility of Evidence' 'probative Value' 'sexual Offences' 'pre Trial Procedure']
['criminal Law' 'evidence'] ['tendency Evidence' 'admissibility of Evidence' 'probative Value' 'sexual Offences' 'pre Trial Procedure']

Case Brief

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Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ['Whether the proposed tendency evidence has significant probative value as required for admissibility under the Evidence Act' 'Whether any points of similarity between the previous and current alleged offences provide significant probative value regarding the issue of consent']

Ratio Decidendi

The proposed tendency evidence does not have significant probative value on the issue of consent as required for admissibility; the points of similarity identified by the Crown are either trivial, speculative, common, or add nothing to the central issue in this trial. Therefore, the evidence is rejected.

Court Disposition

Tendency evidence rejected for lack of significant probative value

Orders

  • ['The tendency evidence is rejected as having no significant probative value.']