BRC v R [2020] NSWCCA 176

BRC v R [2020] NSWCCA 176

The omission of Bench Book directions cautioning against 'bad character' and 'punishing for other conduct' reasoning in relation to tendency evidence admitted via charged acts did not constitute error or cause a miscarriage of justice, as such directions were not required or appropriate in the circumstances; the differentiation of context evidence from tendency evidence was correct.

Jurisdiction
Australia
Judgment Date
27 July 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction
Outcome
Leave to appeal refused; application dismissed
Legal Topics
['tendency Evidence' 'context Evidence' 'jury Directions' 'bench Book Directions' 'child Sexual Offences']
['criminal Law' 'evidence Law'] ['tendency Evidence' 'context Evidence' 'jury Directions' 'bench Book Directions' 'child Sexual Offences']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction

Legal Issues

  1. 1 ['Whether omission of certain directions regarding tendency evidence as suggested in the Criminal Trial Courts Bench Book constituted an appellable error' 'Whether the trial judge erred in differentiating context evidence from tendency evidence in jury directions']

Ratio Decidendi

The omission of Bench Book directions cautioning against 'bad character' and 'punishing for other conduct' reasoning in relation to tendency evidence admitted via charged acts did not constitute error or cause a miscarriage of justice, as such directions were not required or appropriate in the circumstances; the differentiation of context evidence from tendency evidence was correct.

Court Disposition

Leave to appeal refused; application dismissed

Orders

  • ['Extend, to the extent necessary, the time in which to appeal against conviction' 'Refuse leave under r 4 of the Criminal Appeal Rules to rely on the pleaded ground of appeal' 'Dismiss the application for leave to appeal']