R v SJRC [2007] NSWCCA 142

R v SJRC [2007] NSWCCA 142

The appeal lay under s 5F(3A) because exclusion of the two 10 January 2006 text messages would substantially weaken the prosecution case: although the Crown could still rely on the complainant, the alleged prompt complaint and the 9 January text message, the two disputed messages were evidence of cogency and force capable of supporting an inference that sexual acts occurred on 6 January 2006 and that the respondent regretted what he had done. The trial judge erred in principle by treating ambiguity as preventing admission under s 137. Evidence need not be unambiguous; where it is capable of bearing the Crown's interpretation, competing innocent interpretations are ordinarily for the jury...

Jurisdiction
Australia
Judgment Date
22 May 2007
Procedural Posture
Criminal Appeal / Appeal by the Director of Public Prosecutions Pursuant to S 5 F(3 A) of the Criminal Appeal Act Against a District Court Ruling That Evidence of Two Telephone Text Messages Was Inadmissible
Outcome
Appeal allowed; District Court ruling set aside
Legal Topics
['admissibility of Evidence' 'section 137 of the Evidence Act' 'crown Appeal Against Evidentiary Ruling' 'substantially Weakened Prosecution Case' 'probative Value and Unfair Prejudice' 'ambiguous Admissions']
['criminal Law' 'evidence' 'criminal Procedure'] ['admissibility of Evidence' 'section 137 of the Evidence Act' 'crown Appeal Against Evidentiary Ruling' 'substantially Weakened Prosecution Case' 'probative Value and Unfair Prejudice' 'ambiguous Admissions']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal by the Director of Public Prosecutions Pursuant to S 5 F(3 A) of the Criminal Appeal Act Against a District Court Ruling That Evidence of Two Telephone Text Messages Was Inadmissible

Legal Issues

  1. 1 ["Whether an appeal lies under s 5F(3A) of the Criminal Appeal Act on the basis that the ruling eliminates or substantially weakens the prosecution's case" 'Whether the trial judge erred in ruling that evidence of the two text messages should be excluded under s 137 of the Evidence Act' 'Whether evidence must be unambiguous to satisfy s 137 of the Evidence Act']

Ratio Decidendi

The appeal lay under s 5F(3A) because exclusion of the two 10 January 2006 text messages would substantially weaken the prosecution case: although the Crown could still rely on the complainant, the alleged prompt complaint and the 9 January text message, the two disputed messages were evidence of cogency and force capable of supporting an inference that sexual acts occurred on 6 January 2006 and that the respondent regretted what he had done. The trial judge erred in principle by treating ambiguity as preventing admission under s 137. Evidence need not be unambiguous; where it is capable of bearing the Crown's interpretation, competing innocent interpretations are ordinarily for the jury...

Court Disposition

Appeal allowed; District Court ruling set aside

Orders

  • ['The appeal is allowed.' 'The ruling made by Judge Goldring on 12 March 2007 that evidence of the two text messages is inadmissible is set aside.']