R v RB; Attorney-General (NSW) as Intervenor (No 3) [2019] NSWDC 588

R v RB; Attorney-General (NSW) as Intervenor (No 3) [2019] NSWDC 588

The fabrication evidence concerning the complainant's history of false complaints is inadmissible because it is caught by s 293(3) of the Criminal Procedure Act and none of the exceptions in s 293(4) apply, as supported by authority and statutory interpretation; evidence disclosed but not intended to be adduced by the Crown at trial does not satisfy the exception criteria.

Parties
Prosecutor: Regina (Crown); Accused: RB
Jurisdiction
Australia
Judgment Date
23 October 2019
Procedural Posture
Criminal / Procedural Ruling
Outcome
Evidence excluded
Legal Topics
Admissibility of Evidence, Sexual Offence Proceedings, False Complaints
Criminal Law Admissibility of Evidence Sexual Offence Proceedings False Complaints

Case Brief

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Parties

Regina (Crown)

Prosecutor

RB

Accused

Procedural Posture

Criminal / Procedural Ruling

Legal Issues

  1. 1 Does the fabrication evidence relating to the complainant's history of false complaints fall within an exception to s 293(3) of the Criminal Procedure Act and thus become admissible?
  2. 2 Have the exceptions in s 293(4)(c), (f), (5) and (6) of the Criminal Procedure Act been satisfied to admit the evidence?

Ratio Decidendi

The fabrication evidence concerning the complainant's history of false complaints is inadmissible because it is caught by s 293(3) of the Criminal Procedure Act and none of the exceptions in s 293(4) apply, as supported by authority and statutory interpretation; evidence disclosed but not intended to be adduced by the Crown at trial does not satisfy the exception criteria.

Court Disposition

Evidence excluded

Orders

  • The fabrication evidence is caught by s 293(3) of the Criminal Procedure Act; no applicable exception in s 293(4); evidence not admissible.