Clegg v R [2015] NSWCCA 49

The probative value of the tendency evidence concerning the complainants MW, JJ, and JF substantially outweighed any prejudicial effect; any risk of prejudice could be addressed by appropriate jury directions; and the applicant failed to show error in the trial judge’s application of the relevant legal principles. Accordingly, leave to appeal was refused.

Jurisdiction: Australia
Judgment Date: 27 March 2015
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Interlocutory Decision
Outcome: Leave to appeal refused
Legal Topics: ['tendency Evidence' 'joint Trials' 'admissibility of Evidence' 'jury Directions' 'sexual Offences']

['criminal Law' 'evidence'] ['tendency Evidence' 'joint Trials' 'admissibility of Evidence' 'jury Directions' 'sexual Offences']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Interlocutory Decision

Legal Issues

1 ['Whether the probative value of tendency evidence substantially outweighs its prejudicial effect under s 101(2) of the Evidence Act 1995 (NSW)' 'Whether leave to appeal should be granted in respect of the admissibility of tendency evidence and the order for joint trials' 'Whether the risk of prejudice or circular reasoning for the jury warrants exclusion of the evidence or separate trials']

Ratio Decidendi

Court Disposition

Leave to appeal refused

Orders

['Extend time for filing Notice of Application for Leave to Appeal until 29 September 2014.' 'Leave to appeal refused.']