GEH v R [2012] NSWCCA 150

GEH v R [2012] NSWCCA 150

The evidence sought to be adduced by the appellant did not occur at or about the time of the alleged offences and was not part of a connected set of circumstances in which the offences were committed. Thus, it did not fall within any exception to the exclusion mandated by s 293, and the trial judge was correct to exclude it. The appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
18 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['conviction Appeal' 'exclusion of Evidence' 'admissibility of Evidence' 'section 293 Criminal Procedure Act 1986' 'sexual Offences']
['criminal Law'] ['conviction Appeal' 'exclusion of Evidence' 'admissibility of Evidence' 'section 293 Criminal Procedure Act 1986' 'sexual Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge wrongly excluded evidence pursuant to s 293 of the Criminal Procedure Act 1986' 'Whether the evidence should have been admitted under the exceptions to s 293(3)' 'Whether exclusion of the evidence amounted to an error of law' 'Application of the proviso to s 6(1) of the Criminal Appeal Act 1912']

Ratio Decidendi

The evidence sought to be adduced by the appellant did not occur at or about the time of the alleged offences and was not part of a connected set of circumstances in which the offences were committed. Thus, it did not fall within any exception to the exclusion mandated by s 293, and the trial judge was correct to exclude it. The appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']