R v Edwards [2015] NSWCCA 24

R v Edwards [2015] NSWCCA 24

Evidence of the complainants' prior sexual experience was wrongly excluded; it satisfied the conditions for admissibility in s 293(4)(a) of the Criminal Procedure Act 1986 as it formed part of a connected set of circumstances. Tendency evidence categories (ii) and (vi) were also wrongly excluded, being materially indistinguishable from similar categories the trial judge had allowed and of sufficient probative value. The exclusion of both forms of evidence substantially weakened the prosecution case, justifying appellate intervention. However, the ruling to exclude category (x) as tendency and coincidence evidence was upheld. The direction to order a separate trial for Damien Leonard was...

Jurisdiction
Australia
Judgment Date
20 March 2015
Procedural Posture
Criminal Appeal / Judgment on Interlocutory Appeal Regarding Evidentiary Rulings Prior to Trial
Outcome
Appeal allowed in part.
Legal Topics
['admissibility of Evidence' 'sexual Offence Proceedings' 'tendency Evidence' 'coincidence Evidence' 'appeal Against Evidentiary Rulings' 'separate Trial Application']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'sexual Offence Proceedings' 'tendency Evidence' 'coincidence Evidence' 'appeal Against Evidentiary Rulings' 'separate Trial Application']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Interlocutory Appeal Regarding Evidentiary Rulings Prior to Trial

Legal Issues

  1. 1 ["Whether evidence of complainants' prior sexual experience was admissible under s 293(4)(a) of the Criminal Procedure Act 1986" 'Whether tendency evidence (categories (ii) and (vi)) was wrongly excluded under Evidence Act 1995 s 97 and s 101' 'Whether particular coincidence evidence should have been admitted under Evidence Act 1995 s 98' 'Whether the decision to direct a separate trial in respect of one complainant was correct']

Ratio Decidendi

Evidence of the complainants' prior sexual experience was wrongly excluded; it satisfied the conditions for admissibility in s 293(4)(a) of the Criminal Procedure Act 1986 as it formed part of a connected set of circumstances. Tendency evidence categories (ii) and (vi) were also wrongly excluded, being materially indistinguishable from similar categories the trial judge had allowed and of sufficient probative value. The exclusion of both forms of evidence substantially weakened the prosecution case, justifying appellate intervention. However, the ruling to exclude category (x) as tendency and coincidence evidence was upheld. The direction to order a separate trial for Damien Leonard was...

Court Disposition

Appeal allowed in part.

Orders

  • ['Allow the appeal in part.' 'Vacate the ruling given on 10 February 2014 relating to the evidence objected to under s 293 of the Criminal Procedure Act 1986.' 'Vacate the ruling given on 27 February 2014 relating to tendency evidence so far as it concerns categories (ii) and (vi).' 'Otherwise dismiss the appeal.']