R v Sumpton (No. 2) [2014] NSWSC 1440

R v Sumpton (No. 2) [2014] NSWSC 1440

The evidence that the accused watched pornography depicting women of Asian appearance and that he told Mr Ohlsen he visited an Asian prostitute had significant probative value because, in a trial where the identity of the murderer was the sole issue, the Crown alleged a sexual motive, the victim was a woman of Asian appearance, and the accused asserted sexual dysfunction and lack of sexual interest. Any prejudice from pornography or prostitution could be addressed by directions, but references to illegal drug use and the vague statement that he "liked it rough" were not part of the relevant tendency and carried undue prejudice. The Facebook evidence was not admissible because, although...

Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Criminal Proceedings for One Count of Murder and Two Counts of Damaging Property by Fire; Prosecution Application to Adduce Tendency Evidence / Interlocutory Application During Jury Trial
Outcome
Prosecution tendency evidence application allowed in part and rejected in part.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'prejudicial Effect' 'sexual Motive' 'admissibility of Evidence']
['criminal Law' 'evidence'] ['tendency Evidence' 'significant Probative Value' 'prejudicial Effect' 'sexual Motive' 'admissibility of Evidence']

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 Proceedings for One Count of Murder and Two Counts of Damaging Property by Fire; Prosecution Application to Adduce Tendency Evidence / Interlocutory Application During Jury Trial

Legal Issues

  1. 1 ['Whether evidence that the accused watched pornography depicting women of Asian appearance was admissible as tendency evidence.' 'Whether evidence that the accused told Mr Ohlsen he visited an Asian prostitute was admissible as tendency evidence.' "Whether evidence of the accused's use of illegal drugs should be admitted." 'Whether evidence that the accused said he "liked it rough" should be admitted.' "Whether evidence derived from the accused's Facebook profile was admissible as tendency evidence."]

Ratio Decidendi

The evidence that the accused watched pornography depicting women of Asian appearance and that he told Mr Ohlsen he visited an Asian prostitute had significant probative value because, in a trial where the identity of the murderer was the sole issue, the Crown alleged a sexual motive, the victim was a woman of Asian appearance, and the accused asserted sexual dysfunction and lack of sexual interest. Any prejudice from pornography or prostitution could be addressed by directions, but references to illegal drug use and the vague statement that he "liked it rough" were not part of the relevant tendency and carried undue prejudice. The Facebook evidence was not admissible because, although...

Court Disposition

Prosecution tendency evidence application allowed in part and rejected in part.

Orders

  • ['Allow the evidence of the accused watching pornography depicting women of Asian appearance.' 'Allow the evidence of the accused visiting Asian prostitutes.' "Reject the evidence of the accused's use of illegal drugs unless the accused consents to, or insists on, its introduction." 'Reject the evidence of the...