R v Dann [2000] NSWCCA 185

R v Dann [2000] NSWCCA 185

The appeal was allowed principally on the basis that the evidence of subsequent sexual incidents in Queensland should have been excluded under the balancing processes of Crimes Act 1900 s 409B(3)(b) and Evidence Act 1995 s 137, as its low probative value was outweighed by the prejudice and potential distress to the complainant; the medical evidence and direction complaints were not sufficient to warrant overturning the conviction alone.

Jurisdiction
Australia
Judgment Date
19 May 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction From District Court to Court of Criminal Appeal
Outcome
Appeal allowed; convictions quashed; new trial ordered.
Legal Topics
['evidence Admissibility' 'relationship Evidence' 'sexual Offences' 'directions to Jury' 'fresh Trial' 'cross Examination of Child Witnesses']
['criminal Law'] ['evidence Admissibility' 'relationship Evidence' 'sexual Offences' 'directions to Jury' 'fresh Trial' 'cross Examination of Child Witnesses']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From District Court to Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether Dr Packer's medical evidence should have been excluded under Evidence Act 1995 s 137 due to prejudicial effect outweighing probative value" 'Whether evidence of subsequent alleged sexual abuse in Queensland was admissible as relationship evidence, or should have been excluded under s 409B(3) of the Crimes Act 1900 and/or s 137 of the Evidence Act 1995' "Whether the trial judge failed to give adequate jury directions regarding the unreliability of the stepson's evidence as a child witness"]

Ratio Decidendi

The appeal was allowed principally on the basis that the evidence of subsequent sexual incidents in Queensland should have been excluded under the balancing processes of Crimes Act 1900 s 409B(3)(b) and Evidence Act 1995 s 137, as its low probative value was outweighed by the prejudice and potential distress to the complainant; the medical evidence and direction complaints were not sufficient to warrant overturning the conviction alone.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered.

Orders

  • ['The appeal is allowed.' 'The convictions are quashed.' 'A new trial is ordered.']