Burns-Dederer v R [2023] NSWCCA 191

Burns-Dederer v R [2023] NSWCCA 191

JR's evidence was correctly admitted as tendency evidence for Count 1 because the alleged conduct involving JR and the complainant shared significant common features, including 11-year-old male victims known to the applicant, social couch settings, and touching or attempted touching of genitals. The evidence was specific, significantly probative of the Crown's asserted tendencies and of Count 1, and no unfair prejudice beyond ordinary tendency prejudice was identified, particularly given the trial judge's directions. The guilty verdict on Count 1 was not unreasonable: the acquittal on Count 2 could rationally be explained by the absence of tendency support for that count and the delayed,...

Jurisdiction
Australia
Judgment Date
07 August 2023
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction in the Court of Criminal Appeal
Outcome
Leave granted to appeal; appeal dismissed.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'unfair Prejudice' 'unreasonable Verdict' 'inconsistent Verdicts' 'child Sexual Offences']
['criminal Law' 'evidence' 'criminal Appeals'] ['tendency Evidence' 'significant Probative Value' 'unfair Prejudice' 'unreasonable Verdict' 'inconsistent Verdicts' 'child Sexual Offences']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether JR's tendency evidence was wrongly admitted under ss 97 and 101 of the Evidence Act 1995 (NSW)." 'Whether the guilty verdict on Count 1 was unreasonable or could not be supported having regard to the evidence, including the acquittal on Count 2.' "Whether discrepancies between the complainant's evidence and JR's evidence, the manner of disclosure, opportunity evidence and character evidence required a reasonable doubt."]

Ratio Decidendi

JR's evidence was correctly admitted as tendency evidence for Count 1 because the alleged conduct involving JR and the complainant shared significant common features, including 11-year-old male victims known to the applicant, social couch settings, and touching or attempted touching of genitals. The evidence was specific, significantly probative of the Crown's asserted tendencies and of Count 1, and no unfair prejudice beyond ordinary tendency prejudice was identified, particularly given the trial judge's directions. The guilty verdict on Count 1 was not unreasonable: the acquittal on Count 2 could rationally be explained by the absence of tendency support for that count and the delayed,...

Court Disposition

Leave granted to appeal; appeal dismissed.

Orders

  • ['Leave granted to appeal.' 'Appeal dismissed.']