R v RJ [2023] NSWDC 155

R v RJ [2023] NSWDC 155

The tendency evidence regarding the accused's sexual interest in and actions toward the complainant is admissible, as the legislative presumption of significant probative value applies and no arguments or circumstances warrant excluding it.

Jurisdiction
Australia
Judgment Date
01 May 2023
Procedural Posture
Criminal / Ruling on Admissibility of Tendency Evidence
Outcome
Application for admissibility of tendency evidence granted
Legal Topics
['evidence' 'tendency Evidence' 'child Sexual Offences']
['criminal Law'] ['evidence' 'tendency Evidence' 'child Sexual Offences']

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Procedural Posture

Criminal / Ruling on Admissibility of Tendency Evidence

Legal Issues

  1. 1 ["Is the Crown's tendency evidence admissible under Evidence Act 1995 (NSW) sections 97 and 97A in a case of child sexual offences against a complainant?" 'Does the tendency evidence have significant probative value as required by statute?']

Ratio Decidendi

The tendency evidence regarding the accused's sexual interest in and actions toward the complainant is admissible, as the legislative presumption of significant probative value applies and no arguments or circumstances warrant excluding it.

Court Disposition

Application for admissibility of tendency evidence granted

Orders

  • ['The tendency evidence is admissible']