R v Sams [2021] NSWDC 745

R v Sams [2021] NSWDC 745

The evidence of the conduct supporting the two counts and as disclosed in the interview of 3 October 2008 was admissible as tendency evidence, as it had significant probative value making it more likely that the accused committed the charged offences, and the probative value outweighed any danger of unfair prejudice.

Parties
Crown: Regina; Crown: Director of Public Prosecutions (NSW); Accused: Jason James Sams; Accused: O'Brien Winter Partners
Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Criminal / Ruling on Tendency Evidence Prior to Conclusion of Trial
Outcome
Application by the Crown to adduce tendency evidence allowed.
Legal Topics
Tendency Evidence, Context Evidence, Uncharged Acts, Child Sexual Offence
Evidence Criminal Law Tendency Evidence Context Evidence Uncharged Acts Child Sexual Offence

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Parties

Regina

Crown

Director of Public Prosecutions (NSW)

Crown

Jason James Sams

Accused

O'Brien Winter Partners

Accused

Procedural Posture

Criminal / Ruling on Tendency Evidence Prior to Conclusion of Trial

Legal Issues

  1. 1 Whether evidence of the conduct in support of two counts and as disclosed in the 3 October 2008 interview may be used for tendency purposes under s 97 and s 97A Evidence Act 1995.
  2. 2 Whether the interview evidence may be used as context evidence.

Ratio Decidendi

The evidence of the conduct supporting the two counts and as disclosed in the interview of 3 October 2008 was admissible as tendency evidence, as it had significant probative value making it more likely that the accused committed the charged offences, and the probative value outweighed any danger of unfair prejudice.

Court Disposition

Application by the Crown to adduce tendency evidence allowed.

Orders

  • Crown permitted to use the evidence of the conduct supporting the two counts, and as disclosed in the interview of 3 October 2008, for tendency purposes in accordance with the notice given.