R v New [2022] NSWDC 753

R v New [2022] NSWDC 753

The evidence of the complainants and FK, if accepted, is capable of establishing the accused demonstrated a tendency to intentionally touch unconscious females in a sexual manner. The evidence is cross-admissible, significantly probative, and the probative value outweighs any prejudicial effect. Jury directions can sufficiently address risks of misuse; therefore, the tendency evidence is admissible, and the application for severance is not granted.

Parties
Prosecution: Rex (Crown); Accused: Jack New
Jurisdiction
Australia
Judgment Date
08 September 2022
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Tendency Evidence/separate Trial Application
Outcome
Application to admit tendency evidence allowed; severance application not granted; matter to proceed as joint trial.
Legal Topics
Tendency Evidence, Severance of Indictment, Admissibility of Evidence
Criminal Law Evidence Law Tendency Evidence Severance of Indictment Admissibility of Evidence

Case Brief

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Parties

Rex (Crown)

Prosecution

Jack New

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of Tendency Evidence/separate Trial Application

Legal Issues

  1. 1 Whether tendency evidence is admissible under s 97 and s 101 of the Evidence Act 1995
  2. 2 Whether the tendency evidence has significant probative value and outweighs any prejudicial effect
  3. 3 Whether there should be a joint or separate trial in light of the application for severance

Ratio Decidendi

The evidence of the complainants and FK, if accepted, is capable of establishing the accused demonstrated a tendency to intentionally touch unconscious females in a sexual manner. The evidence is cross-admissible, significantly probative, and the probative value outweighs any prejudicial effect. Jury directions can sufficiently address risks of misuse; therefore, the tendency evidence is admissible, and the application for severance is not granted.

Court Disposition

Application to admit tendency evidence allowed; severance application not granted; matter to proceed as joint trial.

Orders

  • Tendency evidence cross-admissible on each count of the indictment involving both complainants and FK.