R v RB (No 5) [2020] NSWDC 583

R v RB (No 5) [2020] NSWDC 583

The prior pre-trial ruling excluding tendency and context evidence should be binding as it would not be contrary to the interests of justice; and cross-examination of the complainant on alleged false complaints is not permitted, but relevant documents may be tendered.

Parties
Crown: Regina (Crown); Accused: RB
Jurisdiction
Australia
Judgment Date
30 September 2020
Procedural Posture
Criminal / Pre Trial Rulings on Admissibility of Evidence and Application for Leave to Cross Examine
Outcome
Crown application to adduce tendency evidence refused; application seeking leave to cross-examine complainant refused.
Legal Topics
Tendency Evidence, Context Evidence, Pre Trial Orders, Cross Examination of Complainant, Permanent Stay Applications
Criminal Law Evidence Tendency Evidence Context Evidence Pre Trial Orders Cross Examination of Complainant Permanent Stay Applications

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Parties

Regina (Crown)

Crown

RB

Accused

Procedural Posture

Criminal / Pre Trial Rulings on Admissibility of Evidence and Application for Leave to Cross Examine

Legal Issues

  1. 1 Whether tendency and context evidence should be admitted
  2. 2 Whether prior pre-trial ruling is binding under s 130A Criminal Procedure Act 1986
  3. 3 Whether leave should be granted to cross-examine the complainant on asserted false complaints

Ratio Decidendi

The prior pre-trial ruling excluding tendency and context evidence should be binding as it would not be contrary to the interests of justice; and cross-examination of the complainant on alleged false complaints is not permitted, but relevant documents may be tendered.

Court Disposition

Crown application to adduce tendency evidence refused; application seeking leave to cross-examine complainant refused.

Orders

  • I refuse the Crown application to adduce tendency evidence.
  • I refuse the application seeking leave to cross-examine the complainant.