R v A.N. [2000] NSWCCA 372

The Crown's failure to comply with notice requirements under Evidence Act 1995 s97(1), and inadequate jury directions regarding the use of tendency evidence and inferences from one charge to another, rendered the admissions and convictions unsafe; a new trial is warranted for all counts in both trials.

Jurisdiction: Australia
Judgment Date: 09 November 2000
Procedural Posture: Criminal Appeal / Appeal Against Convictions and Sentence
Outcome: appeal allowed
Legal Topics: ['relationship Evidence' 'tendency Evidence' 'admissibility' 'notice Requirements' 'jury Directions' 'sexual Offences']

['criminal Law' 'evidence'] ['relationship Evidence' 'tendency Evidence' 'admissibility' 'notice Requirements' 'jury Directions' 'sexual Offences']

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Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentence

Legal Issues

1 ['Was evidence of conduct by the accused on occasions other than those charged properly admitted as relationship and tendency evidence?' 'Did the Crown comply with notice requirements under Evidence Act 1995 s97(1)?' 'Were jury directions regarding tendency evidence and use of one charge to infer guilt in another proper?' 'Was there sufficient evidence on count one of the second trial to allow a conviction for carnal knowledge?']

Ratio Decidendi

Court Disposition

appeal allowed

Orders

['Appeals allowed in respect of each count in both trials.' 'Convictions in each case quashed, and sentence set aside.' 'New trial ordered.']