R v Steele [2015] NSWDC 100

R v Steele [2015] NSWDC 100

The proposed evidence showed striking similarities sufficient to demonstrate a real tendency by the accused to have a sexual attraction to girls in their young teens and to sexually assault girls temporarily residing at his home. The evidence demonstrated no possibility that its probative value was affected by unconscious contamination, and no unfair prejudice to the accused was identified. The evidence therefore had substantial probative value and was admissible as tendency evidence.

Jurisdiction
Australia
Judgment Date
12 February 2015
Procedural Posture
Criminal / Application to Admit Tendency Evidence
Outcome
Tendency evidence admitted.
Legal Topics
['tendency Evidence' 'joint Concoction' 'unconscious Contamination' 'probative Value' 'prejudicial Effect']
['criminal Law' 'evidence'] ['tendency Evidence' 'joint Concoction' 'unconscious Contamination' 'probative Value' 'prejudicial Effect']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application to Admit Tendency Evidence

Legal Issues

  1. 1 ["Whether the Crown's proposed evidence should be admitted as tendency evidence." 'Whether the possibility of joint concoction or unconscious contamination affected the probative value of the proposed tendency evidence.' 'Whether the probative value of the proposed tendency evidence substantially outweighed any prejudicial effect on the accused.']

Ratio Decidendi

The proposed evidence showed striking similarities sufficient to demonstrate a real tendency by the accused to have a sexual attraction to girls in their young teens and to sexually assault girls temporarily residing at his home. The evidence demonstrated no possibility that its probative value was affected by unconscious contamination, and no unfair prejudice to the accused was identified. The evidence therefore had substantial probative value and was admissible as tendency evidence.

Court Disposition

Tendency evidence admitted.

Orders

  • ['Tendency evidence to be admitted']