R v N.K.S. [2004] NSWCCA 144

R v N.K.S. [2004] NSWCCA 144

The evidence of Ms Anglais was admissible as probative corroboration of the complainant's account and its exclusion was erroneous; concerns about prejudice could be remedied by judicial direction and did not justify exclusion under s 137 Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
11 May 2004
Procedural Posture
Criminal Crown Appeal Under S 5 F(3 A) of Criminal Appeal Act 1912 / Interlocutory Appeal During Jury Trial
Outcome
Appeal allowed; evidence ruled admissible; certificate as to costs granted to respondent.
Legal Topics
['admissibility of Evidence' 'crown Appeal During Trial' 'corroboration' 'exclusion of Evidence Under S 137' 'proceedings Under Criminal Appeal Act S 5 F(3 A)']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'crown Appeal During Trial' 'corroboration' 'exclusion of Evidence Under S 137' 'proceedings Under Criminal Appeal Act S 5 F(3 A)']

Case Brief

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Procedural Posture

Criminal Crown Appeal Under S 5 F(3 A) of Criminal Appeal Act 1912 / Interlocutory Appeal During Jury Trial

Legal Issues

  1. 1 ['Whether the trial judge erred in rejecting evidence of psychologist Helen Anglais under s 137 of the Evidence Act 1995' 'Whether the proposed evidence should be excluded as unfairly prejudicial' 'Whether a Crown appeal against exclusion of evidence was appropriate under the new s 5F(3A)']

Ratio Decidendi

The evidence of Ms Anglais was admissible as probative corroboration of the complainant's account and its exclusion was erroneous; concerns about prejudice could be remedied by judicial direction and did not justify exclusion under s 137 Evidence Act 1995.

Court Disposition

Appeal allowed; evidence ruled admissible; certificate as to costs granted to respondent.

Orders

  • ['Orders rejecting evidence of Miss Anglais relating to 29 October and 3 December 1985 vacated.' 'Stay of trial lifted to enable resumption.' 'Certificate under Suitors Fund Act 1951 granted to respondent for appeal costs.']