R v RJW [2019] NSWDC 303

R v RJW [2019] NSWDC 303

The proposed evidence revealed features of commonality linking the allegations, including the accused's relationship with and authority over the complainants, the opportunity and place of offending, temporal connection, the complainants' ages, and the risk of detection. Those features showed a pattern of conduct supporting the asserted tendency and making the charged facts more likely. The evidence therefore had significant probative value, and that probative value substantially outweighed any prejudicial effect, with appropriate jury directions able to address misuse. The Crown's tendency evidence was admissible.

Jurisdiction
Australia
Judgment Date
26 June 2019
Procedural Posture
Criminal Proceeding / Procedural Ruling on Crown Tendency Notice
Outcome
Evidence sought to be led by the Crown pursuant to the tendency notice is admissible.
Legal Topics
['tendency Evidence' 'character Evidence' 'sexual Offences' 'aggravated Sexual Assault' 'victim Under 16 Years' 'cross Admissibility' 'prejudicial Effect']
['criminal Law' 'evidence'] ['tendency Evidence' 'character Evidence' 'sexual Offences' 'aggravated Sexual Assault' 'victim Under 16 Years' 'cross Admissibility' 'prejudicial Effect']

Case Brief

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Crown Tendency Notice

Legal Issues

  1. 1 ['Whether the evidence in respect of each complainant was admissible as tendency evidence under s 97(1) of the Evidence Act.' 'Whether the evidence relating to counts 2 to 16 concerning LB was cross-admissible with count 1 concerning KL.' 'Whether the probative value of the tendency evidence substantially outweighed any prejudicial effect under s 101(2) of the Evidence Act.']

Ratio Decidendi

The proposed evidence revealed features of commonality linking the allegations, including the accused's relationship with and authority over the complainants, the opportunity and place of offending, temporal connection, the complainants' ages, and the risk of detection. Those features showed a pattern of conduct supporting the asserted tendency and making the charged facts more likely. The evidence therefore had significant probative value, and that probative value substantially outweighed any prejudicial effect, with appropriate jury directions able to address misuse. The Crown's tendency evidence was admissible.

Court Disposition

Evidence sought to be led by the Crown pursuant to the tendency notice is admissible.

Orders

  • ['The evidence sought to be led by the Crown pursuant to the tendency notice is admissible.']