DAO v R (No 2) [2014] NSWCCA 126

DAO v R (No 2) [2014] NSWCCA 126

The evidence concerning allegations by complainants DP and JC was insufficient to support guilty verdicts; verdicts must be quashed and acquittal entered. The tendency evidence directions linked cases interdependently such that flawed cases of DP and JC may have influenced verdicts concerning MB and SM. Unable to exclude real possibility of prejudicial impact of flawed tendency evidence, the convictions in respect of MB and SM are also quashed and new trial ordered.

Parties
Appellant: DAO; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; some acquittals entered; new trial ordered on remaining counts.
Legal Topics
Appeal, Conviction, Sexual Offences, Separate Trials, Tendency Evidence
Criminal Law Appeal Conviction Sexual Offences Separate Trials Tendency Evidence

Case Brief

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Parties

DAO

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether primary judge erred by failing to order separate trials for each complainant
  2. 2 Whether primary judge erred by admitting tendency evidence pursuant to Evidence Act 1995 (NSW) ss 97 and 101
  3. 3 Whether verdicts unreasonable and cannot be supported by evidence

Ratio Decidendi

The evidence concerning allegations by complainants DP and JC was insufficient to support guilty verdicts; verdicts must be quashed and acquittal entered. The tendency evidence directions linked cases interdependently such that flawed cases of DP and JC may have influenced verdicts concerning MB and SM. Unable to exclude real possibility of prejudicial impact of flawed tendency evidence, the convictions in respect of MB and SM are also quashed and new trial ordered.

Court Disposition

Appeal allowed; convictions quashed; some acquittals entered; new trial ordered on remaining counts.

Orders

  • The appeal against the conviction is allowed.
  • The convictions and sentences in respect of counts 1, 2, 3, 5, 7, 8, 22 and 23 are quashed, and verdicts of acquittal entered.