Director of Public Prosecutions (NSW) v RDT [2018] NSWCCA 293

Director of Public Prosecutions (NSW) v RDT [2018] NSWCCA 293

The trial judge erred in law by misapplying principles from McPhillamy and not correctly assessing the probative value and relevance of tendency evidence, leading to wrongful exclusion. The appellate court, applying a correctness standard, found the tendency evidence admissible as its probative value substantially outweighed any prejudicial effect, per ss 97, 101 Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Criminal Appeal / Interlocutory Appeal From Ruling on Admissibility of Evidence
Outcome
Appeal upheld; trial judge's ruling set aside; tendency evidence admissible subject to defined limits.
Legal Topics
['tendency Evidence' 'appeals' 'procedural Review Standards' 'admissibility of Evidence' 'probative Value Vs. Prejudicial Effect']
['criminal Law' 'evidence'] ['tendency Evidence' 'appeals' 'procedural Review Standards' 'admissibility of Evidence' 'probative Value Vs. Prejudicial Effect']

Case Brief

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Procedural Posture

Criminal Appeal / Interlocutory Appeal From Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the trial judge erred in rejecting tendency evidence proffered by the prosecution' 'Standard of appellate review on interlocutory evidentiary appeals under s 5F Criminal Appeal Act 1912 (NSW)' 'Application of ss 97 and 101 Evidence Act 1995 (NSW)']

Ratio Decidendi

The trial judge erred in law by misapplying principles from McPhillamy and not correctly assessing the probative value and relevance of tendency evidence, leading to wrongful exclusion. The appellate court, applying a correctness standard, found the tendency evidence admissible as its probative value substantially outweighed any prejudicial effect, per ss 97, 101 Evidence Act 1995 (NSW).

Court Disposition

Appeal upheld; trial judge's ruling set aside; tendency evidence admissible subject to defined limits.

Orders

  • ['Set aside the ruling of the trial judge made on 12 September 2018 rejecting the tendency evidence proffered by the prosecutor.' 'Direct that, subject to order (3), so much of the tendency evidence itemised in the notice dated 16 August 2018, together with additional material served on the day before the hearing in...