JS v R [2022] NSWCCA 145
The jury were properly directed as to the use of the complaint and tendency evidence in accordance with both the statutory scheme and binding authority; there was no miscarriage occasioned by the directions or the admission of evidence; and no errors of law or principle were established that would warrant overturning the convictions.
- Parties
- Applicant: JS; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 29 June 2022
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal; Decision on Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Jury Directions, Tendency Evidence, Credibility Evidence, Hearsay, Sexual Offences Against Children
Case Brief
Summary, issues, holding and outcome
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Parties
JS
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal; Decision on Appeal
Legal Issues
- 1 Whether the trial judge erred in allowing and directing the jury on evidence of complaint made by the victim years after the alleged offences; whether the trial judge erred in admitting and directing the jury on tendency evidence from uncharged and charged acts.
Ratio Decidendi
The jury were properly directed as to the use of the complaint and tendency evidence in accordance with both the statutory scheme and binding authority; there was no miscarriage occasioned by the directions or the admission of evidence; and no errors of law or principle were established that would warrant overturning the convictions.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Grant the applicant leave to appeal from his convictions in the District Court.
- Dismiss the appeal.
Full Case Text
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