R v Brian Spillane (No 2) [2016] NSWDC 333

R v Brian Spillane (No 2) [2016] NSWDC 333

Tendency evidence was admitted because the alleged pattern of behaviour, although involving some differences, was similar enough and established tendencies relevant to the charges; this evidence was found to have significant probative value and its value substantially outweighed any prejudicial effect. Consequently, there was no basis for ordering separate trials.

Jurisdiction
Australia
Judgment Date
21 September 2016
Procedural Posture
Criminal / Pre Trial Ruling on Tendency Evidence and Severance (separate Trials) Applications
Outcome
Tendency evidence admitted. Application for separate trials refused.
Legal Topics
['tendency Evidence' 'separate Trials' 'probative Value' 'sexual Offences' 'admissibility of Evidence']
['criminal Law'] ['tendency Evidence' 'separate Trials' 'probative Value' 'sexual Offences' 'admissibility of Evidence']

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Procedural Posture

Criminal / Pre Trial Ruling on Tendency Evidence and Severance (separate Trials) Applications

Legal Issues

  1. 1 ['Whether tendency evidence should be admitted for all counts involving multiple complainants' 'Whether the trials should be held separately due to lack of similarities in alleged behaviours']

Ratio Decidendi

Tendency evidence was admitted because the alleged pattern of behaviour, although involving some differences, was similar enough and established tendencies relevant to the charges; this evidence was found to have significant probative value and its value substantially outweighed any prejudicial effect. Consequently, there was no basis for ordering separate trials.

Court Disposition

Tendency evidence admitted. Application for separate trials refused.

Orders

  • ['The evidence of each complainant as regards the material which forms the basis of the various counts in the indictment and the evidence of the admissions made by the accused will be admitted as tendency evidence for the purposes of the allegations involving all complainants on the indictment.' 'The application for...