Regina -v- Creed [2000] NSWCCA 280

Regina -v- Creed [2000] NSWCCA 280

The evidence of the complainant's friend was admissible and was capable of corroborating the complainant. The judge was correct to admit the evidence, and its probative value was not outweighed by unfair prejudice. The prosecutor's address, although inappropriate in part, did not warrant discharging the jury as the trial judge gave appropriate directions and the trial as a whole remained fair.

Parties
Respondent: Regina; Appellant: Bruce James Creed
Jurisdiction
Australia
Judgment Date
07 August 2000
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Directions to Jury, Delay in Complaint, Prior Consistent Statements, Discharge of Jury, Admissibility of Evidence
Criminal Law Directions to Jury Delay in Complaint Prior Consistent Statements Discharge of Jury Admissibility of Evidence

Case Brief

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Parties

Regina

Respondent

Bruce James Creed

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting the Crown leave to adduce evidence of a prior consistent statement under s 108(3) of the Evidence Act 1995
  2. 2 Whether evidence of a school friend amounted to a prior consistent statement
  3. 3 Whether such evidence ought to have been excluded under s 137 of the Evidence Act 1995

Ratio Decidendi

The evidence of the complainant's friend was admissible and was capable of corroborating the complainant. The judge was correct to admit the evidence, and its probative value was not outweighed by unfair prejudice. The prosecutor's address, although inappropriate in part, did not warrant discharging the jury as the trial judge gave appropriate directions and the trial as a whole remained fair.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction dismissed