R v Crago [2020] NSWDC 661

R v Crago [2020] NSWDC 661

Evidence that the complainant has or may have taken part or not taken part in any sexual activity, specifically penile vaginal intercourse, during the relevant weekend is admissible at trial under s293(4)(a) Criminal Procedure Act 1986, as the probative value of such evidence to the critical issues in the case outweighs any potential additional distress, humiliation, or embarrassment to the complainant.

Parties
Accused: Lachlan Crago; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence
Outcome
Defence application to adduce evidence of possible other penile vaginal intercourse by complainant during the relevant weekend allowed.
Legal Topics
Sexual Offence Proceedings, Child Sex Offences, Admissibility of Evidence, Prior Sexual Experience, Trial Procedure
Criminal Law Evidence Law Sexual Offence Proceedings Child Sex Offences Admissibility of Evidence Prior Sexual Experience Trial Procedure

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Parties

Lachlan Crago

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether section 293 Criminal Procedure Act 1986 prohibits or allows evidence of the complainant's sexual activity with others at or about the time of the alleged offence
  2. 2 Whether the probative value of such evidence outweighs potential distress to the complainant

Ratio Decidendi

Evidence that the complainant has or may have taken part or not taken part in any sexual activity, specifically penile vaginal intercourse, during the relevant weekend is admissible at trial under s293(4)(a) Criminal Procedure Act 1986, as the probative value of such evidence to the critical issues in the case outweighs any potential additional distress, humiliation, or embarrassment to the complainant.

Court Disposition

Defence application to adduce evidence of possible other penile vaginal intercourse by complainant during the relevant weekend allowed.

Orders

  • Evidence that the complainant has or may have taken part or not taken in any sexual activity is admissible at trial.
  • Defence and prosecution may question witnesses and the complainant about penile vaginal intercourse with another male on the relevant weekend, and call direct evidence if available.