Armstrong v R [2017] NSWCCA 323

Armstrong v R [2017] NSWCCA 323

The tendency evidence had significant probative value in supporting the complainant's account of violence and was admissible as its probative value substantially outweighed prejudicial effect; appropriate jury directions mitigated any prejudice; sentencing judge correctly assessed objective seriousness in context.

Parties
Applicant: Mark Robert Armstrong; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against conviction granted; leave to appeal against sentence refused
Legal Topics
Tendency Evidence, Admissibility of Evidence, Sentencing, Objective Seriousness of Sexual Offences
Criminal Law Tendency Evidence Admissibility of Evidence Sentencing Objective Seriousness of Sexual Offences

Case Brief

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Parties

Mark Robert Armstrong

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether tendency evidence of prior assaults had significant probative value in relation to aggravated sexual assault charges
  2. 2 Whether the probative value of tendency evidence substantially outweighed prejudicial effect
  3. 3 Whether there was a miscarriage of justice due to use of tendency evidence and provision of CCTV footage to jury

Ratio Decidendi

The tendency evidence had significant probative value in supporting the complainant's account of violence and was admissible as its probative value substantially outweighed prejudicial effect; appropriate jury directions mitigated any prejudice; sentencing judge correctly assessed objective seriousness in context.

Court Disposition

Appeal against conviction dismissed; leave to appeal against conviction granted; leave to appeal against sentence refused

Orders

  • Extend the time for giving notice of intention to seek leave to appeal against conviction and sentence to 25 August 2017
  • Grant leave to appeal against conviction on the grounds proposed