BJS v Regina [2011] NSWCCA 239

BJS v Regina [2011] NSWCCA 239

Although the trial judge erred in excluding certain media and internet evidence relevant to potential contamination, this error did not affect the outcome. Considering the evidence as a whole, including witness statements and the nature of publicised material, there was no real chance of contamination or concoction affecting the probative value of the tendency and coincidence evidence. The trial judge's conclusion that the probative value of the evidence substantially outweighed any prejudice was open on the evidence and not unreasonable. Leave to appeal should be granted, but the appeal dismissed.

Parties
Applicant: BJS; Respondent: Regina
Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Interlocutory Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals Interlocutory Decisions, Tendency and Coincidence Evidence, Joinder and Severance of Counts, Risk of Concoction or Contamination, Admissibility of Similar Fact Evidence
Criminal Law Evidence Procedure Appeals Interlocutory Decisions Tendency and Coincidence Evidence Joinder and Severance of Counts Risk of Concoction or Contamination Admissibility of Similar Fact Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

BJS

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Interlocutory Appeal

Legal Issues

  1. 1 Whether the refusal to order separate trials for each complainant was in error
  2. 2 Whether tendency and coincidence evidence was properly admitted
  3. 3 Whether the risk of contamination or concoction from media/internet exposure negatively affected the probative value of evidence

Ratio Decidendi

Although the trial judge erred in excluding certain media and internet evidence relevant to potential contamination, this error did not affect the outcome. Considering the evidence as a whole, including witness statements and the nature of publicised material, there was no real chance of contamination or concoction affecting the probative value of the tendency and coincidence evidence. The trial judge's conclusion that the probative value of the evidence substantially outweighed any prejudice was open on the evidence and not unreasonable. Leave to appeal should be granted, but the appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.